spouse is self employed, if I had filed on my own in past I would have received refunds. Now that we are separated I will be filing my own taxes and I should receive refund. What can I do to get that refund and it not be applied to the tax debt?
Debt Amount Settlement
Find ways to relief debt and settle for less!
23-Dec-2009
If the debt is joint, you will not get your refund. Any refunds you or your former spouse may be entitled to will go to pay down your tax debt. Any state refunds you may have may also go towards you tax debt.
Any refund you have coming will be used to pay off a prior year’s tax owed if you filed joint returns in the past. The only exception is if you are deemed to be an “innocent spouse. ” For details about who qualifies and how to claim innocent spouse status, go to irs. gov.
Make sure you don’t have too much withheld in 2009 if the tax debt will still be outstanding. File a new W-4 form with your employer to make sure you have the right amount withheld.
If you don’t qualify as an innocent spouse and your husband doesn’t pay the tax, it will affect your credit if a lien is filed, so try to make sure it gets paid. And don’t file a joint return for 2008 if there will be tax due unless you know your husband pays it. You can file married separately or, in certain situations you may be eligible to file as head of household if you have a child.
If this debt occured while you were married it is joint debt. You can file separately but they can still take your refund. They will take if from whoever they can get the money from. If your spouse didnt file taxes they would take it all from you. You can adjust your W4 so they take out less money. You can figure how much so that you dont get a refund. Maybe even set it up to owe a few bucks. Eventually though, someone will have to pay.