Originally Posted by YULIA
Hi, please help me to resolve issue.
I received letter from IRS saying I owe to IRS. My husband did not pay taxes to IRS in 2013. We filed join return in 2013 because of immigration case was pending, but already did not leave together since 2011. In 2015 we have divorced. I had no idea he has unpaid taxes. I join return I got tax return from IRS on HIS BANK ACCOUNT ( not join bank account), but he owed taxes.
It seems for now I have to deal with IRS alone, he won't communicate any way with me and IRS states he has no money or property on his name, even car. He has a job. I am unemployed.
What should I do in this case? What way should I communicate with IRS to make my ex husband to pay his taxes?
I have time to July 25 2015 only.
I join return I got tax return from IRS on HIS BANK ACCOUNT ( not join bank account), but he owed taxes.What should I do in this case?====>>aslongas you're married, you have a refund on a joint return. It's likely that the IRS will try to seize that refund as your spouse has an unpaid liability. But since only your spouse owes the liability, you are entitled to your share of the refund. If the IRS has applied your share of a refund against a liability owed by your spouse, you're an injured spouse entitled to relief. You can also use the injured spouse rule to prevent the IRS from grabbing your refund in the first place.
What way should I communicate with IRS to make my ex husband to pay his taxes? =======>>If the IRS has applied your refund against your spouse's tax liability, or you're concerned that the IRS may do so, you need to obtain Form 8379. The form requests identifying information for you and your spouse, and information needed to determine how much of the tax and refund is attributable to each spouse. The IRS makes the actual calculation that divides the refund between you and your spouse.
As you're an injured spouse for a return that's already been filed, you should file this form with the IRS Service Center for the place where you lived when you filed that return. If you're trying to prevent the IRS from seizing a refund on a return you haven't yet filed, you should attach Form 8379 when you file the return.