Mr. and Mrs. AL Tax married last year. Mr. AL Tax has a student loan which he has not been making payments. Mr. AL Tax owes $30,000 in unpaid student loans. This is the first year for the couple to file taxes and they chose to file married filing jointly. Their completed tax return resulted in a refund of $6,000. Mr. and Mrs. AL Tax are happy to not owe any taxes. A few weeks later, Mrs. AL Tax calls and she is not happy. She is upset because the couple received a letter informing them the refund has been applied to the unpaid student loan balance. While the couple discussed a number of things before marriage, they did not discuss Mr. AL Tax’s unpaid student loans.
While the characters of this story are fictional, the situation happens all the time. There is a way to get some of the refund back. Mrs. AL Tax can file a form with the IRS claiming injured spouse to get her portion of the refund returned to her. The form may be filled after the return is filed. However, we suggest it is filed with the return if you are aware of the possibility of the refund being taken due to a liability. Let’s say Mrs. AL Tax portion of the refund is $4,000. She would contact our office to get the form prepared and submitted to the IRS for her portion.
Contact us to learn more about injured spouse relief.
Alexandria Louis Tax Solutions, LLC – (901)414-1751
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