If the taxpayers spouse owes any back taxes from before her marriage, can and will the IRS take her tax refunds each year?
No. The IRS has a procedure for taxpayers to follow which will ensure that a portion of the tax refund is given to her, even though her spouse owes the IRS back taxes. If the taxpayer wants to use the ‘Injured Spouse Relief’ that the IRS offers we can assist her with that process. For the taxpayer to be able to take advantage of this process, she must meet the following conditions: • The taxpayer must not be obligated legally to pay back any of the back taxes • The taxpayer must report all of her income, such as wages and interest that is taxable on the joint tax return form • The taxpayer has to have made payments that are reported, such as any tax held from her wages or her tax payments that are estimated. Or, the taxpayer must also have claimed the income credit or any other forms of refundable credit on the joint tax return she sent in to the IRS. If the Injured Spouse Relief strategy isn’t used by the taxpayer, the IRS will probably keep the refund to pay back her partners taxes t
