TP files mfj only husband has income. Wife wants to file injured spouse. IRS says: "1. To be considered an injured spouse; you must have paid federal income tax or claimed a refundable tax credit, such as the Earned Income Credit or Additional Child Tax Credit on the joint return, and not be legally obligated to pay the past-due debt." Does wife have to have earned income to file injured spouse to get some of the EIC?
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Injured Spouse
The language from the IRS instructions that you have cited is not clear. She doesn't have any earned income, but she is in fact claiming a refundable credit, because she is filing a joint return, and the return contains EIC.
You can file the injured spouse form, and it will show that she has no income. The IRS will sort it out on their end. They have never disclosed all the details of the formula that they use for determining how much of the refund belongs to the injured spouse.
BMKBurton M. Koss
koss@usakoss.net
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The map is not the territory...
and the instruction book is not the process. -
Thanks BMK. This forum is sooo helpful to me as I took over this business and really don't have anyone to "bounce" things off of.Comment
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Is community property in play? In Washington we'd file that, half the husband's income belongs to the wife and vice versa.Comment
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Yes, it is most helpful if posters put their state in their profile.Comment
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No it isn't, but thanks!Comment
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