"I was able to file injured spouse so that they would not touch my portion of the refund for his debt. Is there anything I can do like that in California? What are my options for filing? . . . What are my options for filing?
"------> In your situation, only one spouse, your spouse, owes the tax liability, you are entitled to your share of the refund. If the IRS applies your share of a refund against the 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 tax refund( if any,) in the first place.
So, in case,if the IRS applis your refund against your spouse's liability, or you're concerned that the IRS may do so, obtain Form 8379, Injured Spouse Claim and Allocation to request 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.
There's no point in filing MFS. One, you'd have to include half of his income and then be limited by the MFS rules on credits an deductions.
When filing MFJ, you file and attach the injured spouse form, FORM #8379if you truly want half of the refund to come to you instead of paying this debt down.
Last edited by Wnhough : 11-01-2010 at 09:16 AM.