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-   -   Married filing separately (https://www.askmehelpdesk.com/showthread.php?t=180395)

  • Feb 4, 2008, 05:52 PM
    abcbarnes
    Married filing separately
    Before my husband and I got married he owed Federal taxes that we have been making payments on. *If we both filed separately, would the IRS take my refund to cover his owed amount?? * We also have a child... *Can I claim the child as a dependent as long as my husband does not?*
  • Feb 4, 2008, 06:23 PM
    Fr_Chuck
    From my understanding you can actually still file jointly and you can merely file a "injured spouse" which allows you to get back your percent of the refund.
    At least this was what we used to do, I am sure another tax expert will let us know if and how it is still done.
  • Feb 6, 2008, 01:42 PM
    AtlantaTaxExpert
    Fr Chuck is correct. You can file Form 8379 as an Injured Spouse and get your share of the refund.

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