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June 3, 2019
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How to file jointly as a married couple, if I owe back taxes?

  • June 3, 2019
  • 1 reply
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Big Tax question. I owe back taxes, about $6,500. I am currently on a payment plan and pay monthly toward my balance. Anyway, I just got married to my amazing husband who has no tax issues and I am worried that his tax return will be infringed upon and taken from him if we file jointly. Is there a way to file jointly as a married couple while keeping his refund safe from my back owed tax repayment? 

Best answer by DoninGA

File your 2018 tax return as Married Filing Jointly.  Include with the tax return a Form 8379, Injured Spouse Allocation so that his portion of any tax refund will not be seized for your back taxes owed.

See this TurboTax support FAQ for a form 8379 - https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

1 reply

DoninGA
DoninGAAnswer
Employee
June 3, 2019

File your 2018 tax return as Married Filing Jointly.  Include with the tax return a Form 8379, Injured Spouse Allocation so that his portion of any tax refund will not be seized for your back taxes owed.

See this TurboTax support FAQ for a form 8379 - https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

Carl11_2
Employee
June 3, 2019
While doing wat DoninGA says is a good idea and would be best, if you are on a payment plan it would depend on the terms of that plan, if any 2018 refund would be kept and applied to the debt. So long as you are "on schedule" and on time with your payments, it shouldn't be an issue.