Monday, December 28, 2009

Has anyone ever filed for injured spouse relief on their taxes?

My student loan is in default, and we are depending on receiving a large tax refund to live on due to financial problems (which is why I am in default), what choices do we have in regards to filing for injured spouse relief? Is there any way my husband can file taxes without mention of my name or ss#? I have absolutely no income. Thanks for your help.Has anyone ever filed for injured spouse relief on their taxes?
Your husband can file MFS (with your SSN on the form) and even claim your $3400 exemption because you have $0 income. This can be efiled and there would be no delays in getting the refund. However, it could be a smaller refund. (If you have no children and no credits, this is all he'd get under injured spouse *anyway*.)





You and your husband can file MFJ and add the form 8379. You can still efile. AFTER the efiled return is processed, the IRS will hold it until the injured spouse form can be processed. This will take an additional 6-8 weeks.





You can even amend an MFS return into an MFJ return within 3 years.





Do not forget that your husband is the injured spouse. Any reference to innocent spouse is invalid.Has anyone ever filed for injured spouse relief on their taxes?
If it's for YOUR student loans, and you had no income, then you can file a joint return and HE can file for injured spouse relief.





Alternately, he could file as married filing separately. He'd still have to show your name and ss# on his return, but his refund if he has one wouldn't be taken for your debt. But be aware there are many benefits he won't get if he files as married filing separately. For example, if any of that large refund is EIC, kiss it goodbye, since MFS isn't eligible for EIC.
http://www.revenue.state.co.us/taxstatut鈥?/a>





http://www.irs.gov/taxtopics/tc205.html





http://www.fsitax.com/innocent_injured_s鈥?/a>

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