Spouses unpaid student loan
Can the IRS keep my refund if I file joint with my wife who owes unpaid student loans from before we were married. She does not work now and on our joint return shows no income. What are my options?
2 Answers from Attorneys
Re: Spouses unpaid student loan
The IRS will keep your refund unless you file an Innocent Spouse claim. This is a problem with all joint returns where one of the taxpayers owes the IRS.
You should seek the help of a tax attorney.
I hope this helps!
Ron Cappuccio
http://www.TaxEsq.com
Re: Spouses unpaid student loan
The short answer to the question is yes they probably can keep your refund. I recommend that you file as "Married Filing Separately" and you file a Innocent Spouse Exemption form with the IRS. That is probably your best chance of getting you part of the refund back. You probably need to be speaking to an accountant about this matter and not a lawyer. I am not an accountant so this should not be construed as tax advice-- (i.e.-you should not be relying on what I am saying to make important tax decisions). Talk to an accountant and they can help you with this problem. Good luck!
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