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Old 02-23-2017, 03:20 PM
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Refund Taken/Injured Spouse Question

I'm asking this for my sister because she just had surgery and isn't up to figuring this out for herself.

Her husband died last year. She filed their taxes jointly for 2016. She earned no income. The income earned was all his.

When she got her return, they took over $6000 for student loans she had and had not paid.

Can she file on behalf of her deceased husband for injured spouse allocation (Form 8379)?

If it helps, some additional info: We are in Ohio. They have two minor children that she cares for. The money that was taken was EIC money. Her son will be 18 in less than two weeks. If she can't file on her deceased husband's behalf, could he do it? My sister is considered her deceased husband's legal representative.



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Old 02-24-2017, 02:47 AM
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I'm asking this for my sister because she just had surgery and isn't up to figuring this out for herself.
Her husband died last year. She filed their taxes jointly for 2016. She earned no income. The income earned was all his. When she got her return, they took over $6000 for student loans she had and had not paid.Can she file on behalf of her deceased husband for injured spouse allocation (Form 8379)?=======>>As you said, your sister had no ANY earned income, i.e., wage or self employment income or etc, then sorry no; To be considered an injured spouse, you must have made and reported tax payments, such as federal income tax withheld from your earned income ,i.e, wages or estimated tax payments, or claimed a refundable tax credit, such as the earned income credit or additional child tax credit on the joint return.

If it helps, some additional info: We are in Ohio. They have two minor children that she cares for. The money that was taken was EIC money. Her son will be 18 in less than two weeks. If she can't file on her deceased husband's behalf, could he do it? My sister is considered her deceased husband's legal representative.=======>I guess not since she had no earned income, but yes on their joint return; I mean to qualify for EIC, you need to have income from earnings from a job, your own business, union strike benefits, certain long-term disability benefits or etc. you are single or, if married, you should not use the Married Filing Separate status.You have dependents , I mean your two kids as qualifying children. You can amend your tax return , 1040X, for any reason, including if you forgot to claim one of your children on the earned income credit. Once student loan debt can be referred to the U.S. Treasury Offset Program for collection action. If the offset goes into effect, Treasury Offset Program will seize any refunds directly from the IRS up to the amount of the student loan debt, including earned income and other tax credit amounts.



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