• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

state tax refund

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

095489487

Member
What is the name of your state? NY
My husband owes IRS money and every year they have kept our refund to apply towards this debt ( it's his not mine). This year I want to be able to keep my portion of the state tax refund (we file jointly) and not have it all go directly to IRS. Can I do anything about this? Also can I go back to past federal tax returns and do the same?
 


JETX

Senior Member
"Can I do anything about this?"
*** The only thing you can do would be to file separately. If you do that, the state SHOULDN'T forward your funds onto his debt (but they might).

"Also can I go back to past federal tax returns and do the same?"
*** Again, you can amend your filing to be separate, but that would likely create a higher tax burden.
 

abezon

Senior Member
Alternatively, you can file an injured spouse claim for 1999-2002 & maybe get some of your money back. You'll have to check if your state allows you to file as an injured spouse.

Injured spouse claims take at least 2 months longer & there's no way to predict what you'll get back.

The best way to pevent the gov't from taking your refund is to change your W-4 so that you are paying less money during the year. I.e., don't give them the money in the first place. Aim for a $100 refund/balance due.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top