We filed 3/18/13 and today is May 23rd. As of yet no return so I would say yes. Was told it could take up to 16 weeks to process the return.
If you filed jointly and your tax refund was intercepted, you will have to file an injured spouse claim to recover your share of the refund.
Yes. The entire refund amount will be seized by the IRS and allocated to the appropriate state child enforcement agency. If the non obligated spouse qualifies as an "injured spouse" under IRS regulations they are entitled to their share of the refund. The non obligated spouse should file form F8379 with supporting documents. Generally the IRS will schedule an interview to detemine if the injured spouse claim is valid.
Yes. State refund must be claimed as income on your federal return.
It depends on what is owed. For instance if you owe back child support they will take what is owed in arrears out of your federal return. This can also happen with a government school loan that is in default and other government debts. However, if you are married filing jointly then there is a form the spouse can file with your tax return that allows the spouse to receive his or her portion of the refund. It is called an injured spouse claim.
Yes unless the injured spouse files the IRS form 8379 to claim her share of the MFJ income tax return refund.Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan.Click on the below Related Link
No. But if you live in one of the states that allows a state deduction for federal taxes and you took such a deduction, you may have to claim it on your state return.
No. However, if you file a joint tax return with your new wife, she might have to file an Injured Spouse claim with the IRS to recover her share of any tax refund.
No. But you must claim any refunds of State & local taxes that you deducted in a prior year.
You do not have to report any income tax refund on any tax forms, it is not income.
Yes, if the agency she owes money to has filed paperwork with the IRS and/or your state tax agency. If they garnish the joint refund, you can submit an injured spouse claim which is a request to have the refund split (usually according to how much of the income on the return belongs to each of you). The amount of the refund that belongs to her will be applied to her outstanding debt and the amount of the refund that belongs to you will be sent to you. You have a limited time to make this claim after you are notified that the refund was withheld to pay her debt, so read your notice carefully. If it's a joint debt, then you cannot make this claim because you both owe the money.Usually tax refunds are only garnished by other government groups (federal, state, or local), publicly funded schools, and student loan companies, but there may be others.
Yes.they can, but you should file jointly and so they don't garnish the spouses part, file injured spouse, and I do not know why it is called that but I know my husband owes back support and that is how we have to file so I will get my part.The one above, who erased my previous answer but goes on to say she doesn't really know what she is signing....well hope she qualifies or it could be criminal...And no matter what, to avoid the issue, filing seperately is better. And no matter what...getting your spouse to pay their obligations, (like there taxes or supporting their kids) is better. And if your in a community property state, or the debt doesn't come from those very specific things, etc., etc., injured spouse won't work. Accepting it, and when the problem comes up...you'll have serious ones (probably after he abandons you like he apparently may have done to his last), or just fails to pay his taxes now too...maybe lies on them (the current ones YOU ARE responsible for).You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied against your spouse's past-due federal debts, state taxes, or child or spousal support payments. If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. For more information, get Form 8379, Injured Spouse Claim and Allocation.
If you took the amount as a deduction as State taxes on your federal return originally (say refund is from a prior year), then getting it back now is reported as income.