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Old 02-13-2011, 08:36 PM
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Exclamation question about wife's status

Ok i filed my return already and after i filed i received a paper saying that my tax return is going to be given towards a student loan.. I claimed my wife as my dependent because she doesn't work and also my son... but i was reviewing the paper and it says if you filed joint return and only 1 spouse is responsible for the debt the spouse who isn't responsible may be entitled to his or her share of the joint refund. Does this apply to me can i have my wife file and get something back f



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Old 02-14-2011, 01:57 AM
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“ I claimed my wife as my dependent because she doesn't work and also my son..”----> You can’t claim your spouse as your dependent; the spouse can never be a dependent. You can claim your son as your dependent as long you satisfy the requirements to claim your kid as your dependent.
“. but i was reviewing the paper and it says if you filed joint return and only 1 spouse is responsible for the debt the spouse who isn't responsible may be entitled to his or her share of the joint refund. Does this apply to me can i have my wife file and get something back f”---->In general, spouses are only responsible for joint accounts (not just credit card accounts, but installment loans like a car or home too). Legally, one spouse is not responsible for individual or authorized user accounts of the other spouse UNLESS they live in a community property state. In these states, the spouse may be held responsible for the debt, too If you have defaulted on your federal education loans, the federal government or a state guarantee agency may intercept your federal and state income tax refunds (or other payments from the federal government) and offset them to satisfy the debt. They will send you a notice within 45 days of paying a lender's claim on your defaulted loans, and may not initiate an offset until 60 days after they have sent this notice. If your income tax refunds have been attached and your filing status was married filing joint, you should ask for a hearing (administrative review) and fight it using the innocent spouse defense (sometimes called the injured spouse defense). While the government has the right to your income tax refunds, they do not have the right to your spouse's share of the income tax refunds. (That is, unless he/she has also defaulted on his/her student loans.) If you have questions about a treasury department offset of your income tax refunds, you may call 1-800-304-3107.
Please visit the IRS website here; http://www.irs.gov/individuals/artic....html]Innocent Spouse Questions & Answers



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