Mfs???

[Super Mom]

I have a TP with a wife that has previous debts (before marriage) to the IRS. The husband says he wants to file MFS this year so they won't keep his money. Will they not keep her money from his return if they file MFS and her SS# is on the return?

[bgiez]

How about

married filing joint, with an injured spouse form dividing everything according to who earned what, and who has what deductions, etc.?

[Super Mom]

That may work for them, thanks!

[Dusty2004]

No

I have a TP with a wife that has previous debts (before marriage) to the IRS. The husband says he wants to file MFS this year so they won't keep his money. Will they not keep her money from his return if they file MFS and her SS# is on the return?

That is one of the reasons to file married filing separate.

But they could file married filing joint and file the Injured Spouse relief form.

Dusty

[ChEAr$]

That is one of the reasons to file married filing separate.

But they could file married filing joint and file the Innocent Spouse relief form.

Dusty

Not innocent spouse (if there indeed IS such a thing!) but Injured Spouse.

[Super Mom]

I'm thinking they weren't MFJ at the time she incurred the debt so injured spouse won't work. I'm back to looking at MFS as their only option. Any other ideas?

[Dusty2004]

Disagree Super Mom

It does not matter when she incurred the debt if it is her's the form will allow you to allocate the income / deductions / credits between the spouses and each will get their refund. They may keep her's but they will send his. I do one of these every year for a wife with Student Loans in default because she is disabled.

He gets all the EIC etc.

Dusty

[Burke]

That is correct. Filing status is determined by the current tax year. So they can file MFJ, but if that form is not attached, they will keep his money to pay her debts and then it is more work to get it back. He cannot be required to pay her debts incurred prior to marriage.

[Super Mom]

It does not matter when she incurred the debt if it is her's the form will allow you to allocate the income / deductions / credits between the spouses and each will get their refund. They may keep her's but they will send his. I do one of these every year for a wife with Student Loans in default because she is disabled.

He gets all the EIC etc.

Dusty

Thanks, I was looking at the form wrong, thought it had to be MFJ for the year she owed the debt, but I see now that it's MFJ for this year. Thanks!!!!!!!!!!!

[geekgirldany]

I do one of these every year for a wife with Student Loans in default because she is disabled.

He gets all the EIC etc.

Dusty

I am doing the same thing. Wife defaulted on student loans. Took their money for two years. They went to a big box firm. They did not file one year and then came to me. Husband is only one working and so got back the entire refund. Getting ready to do another injured spouse for a client whose wife owes back taxes.