state tax refund

[095489487]

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]

"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]

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.