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Submitted 346 days ago...

kells73

kells73

New User (1)

If my spouse owes will I loose my tax money by filing married filing seperate.

My husband owes the IRS from before we were married. If I file married filing seperate will they take my tax money from ME. Because I intend on claiming the children. One child is mine from a previous relationship and then we have one together.

Please let me know what I need to do to stop this from happening if it does turn out that way.

 
 
 
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Answer 1 / 2

Submitted 346 days ago...

primetime001

primetime001

Expert (962)

If you file separate returns you avoid liability for unpaid taxes from your spouse. By filing jointly you would be liable. This book might help you out: http://www.amazon.com/J-K-Lassers-Your-Income-2008/dp/0470137541/ref=p d_sim_b_img_2

 

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Answer 2 / 2

Submitted 346 days ago...

Jodi-Mesa

Jodi-Mesa

Brain (2,795)

If you have kids, the best option for you in your situation is to file married filing jointly, and then fill out Form 8379 (Injured Spouse). The IRS will split your joint refund, seize his and send yours. When you file married filing separately you lose a lot of deductions and credits you can claim for the children, so you will lose some of your return, but not all of it. It takes longer to get your return (about 12-weeks) but it will ensure you get as much as possible. I am doing the same thing this year, then make sure Jan 1, you have a new w2 filled out with more exemptions so you will get a smaller or no refund next year to worry about (plus you don't want to give the IRS an interest free loan). It's better to take the difference you get back and put it into a savings account or investment and YOU make money off of it!

 

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