Q: How do we obtain our IRS tax refund?
My husband and I filed jointly and the IRS kept our entire refund due to my past due student loan and our living in TX for 8 months out of the past year. The loan is not his responsibility and I obtained it prior to our being married.
A: The IRS has the authority to keep your tax refund to offset certain debts (i.e. unpaid federal tax liabilities, and past due debts owed to other federal agencies). If spouses file a joint return, and only one spouse owes an obligation described previously, the IRS will generally take the entire refund to offset the debt. However, if your husband who does not owe the obligation, he can file an injured spouse claim for his share of the refund. Once filed, the IRS is required to return his share of the tax refund. I would encourage you to contact an attorney to determine how to proceed with the filing of the Injured Spouse Claim and to avoid future issues pertaining to your student loan debt.
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