You can file as married filing separately, but that will probably end up costing you more.
If you file an innocent spouse form 8379 http://www.irs.gov/pub/irs-pdf/f8379.pdf
you can get back the part of the refund that was due to your income and withholding - only the portion due to HIS earnings and withholding will be taken.
You can still file it even for the year that's past, and might get something back. Take a look at the form, and fill it out and send it in - what do you have to lose?
Good luck to you - sounds like you're going to need it.If my husband and I have a child together, can I still file my taxes separately from him?
Sorry for the inadvertant error - it's the injured spouse form as many other said, not innocent spouse (that's something different) - the number 8379 is correct. My brain knows the difference, sometimes my fingers don't.
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If the debt you refer to is a tax debt, user Judy may be correct. If the refunds are being intercepted due to some other debt (delinquent child support and student loans are two that come immediately to mind) then the innocent spouse form won't work. That ony applies to Federal taxes due and is meant to protect the innocent spouse from financial hardship when there is a tax assessment and the innocent spouse has no reason to know or should have known that tax laws were being broken.
Judy is correct that filing married/separate will result in higher taxes overall. The tax rates are compressed (meaning you reach higher tax rates faster) and there are some tax benefits that are unavailable when filing separately.
There is another alternative, and that's to calculate your estimated tax as closely as possible so that you have a very small refund or, as I like to do, have a small amount due. The government can't intercept a refund if you are paying a balance due. Also, you will have the benefit of using your money through out the year instead of letting the government have an interest free loan. This is good advice for all taxpayers.
All you have to do is file another W-4 with your employer to change your withholding.
I'm in the same boat as you,So what I do every year is...I file my taxes with just me and the kids on it filing head of house hold, getting all the credits and what not.
When I receive my refund check, I take my taxes back to where they were prept and get them amended, which is adding my husband, his income, and changing filing status.
you will have to pay back some money BUT you don't have to wait for your taxes because they were taken because of his debt!! For example, last year I done mine the way I explained and got a little over $6000 and I only had to pay back $1100 so my refund was $4900
I would keep at least $2000 in the bank cause you will have to pay back the over payment
This is the way my tax accountant has done my taxes for the last 4 years and It works for me.
What Heddy Bear is doing is tax fraud and if she gets caught can pay hefty fines and could go to jail.
You need to file the injured spouse form not innocent spouse. Filing as Injured Spouse will separate your income and deductions from your husband and the IRS will calculate how much of the refund is yours. Filing separately will protect you, however your refund will be lower.
You can file the Injured Spouse form after filing your return and the IRS will calculate what is due you.
You should be able to file an injured spouse form to keep the IRS from keeping your refund. I don't think the IRS can keep refund from your income taxes paid in to pay off your husbands debts for taxes prior to your marriage. I think you can file Married Filing Separate, but I believe you pay more taxes with this filing status. I think your best option is to file joint and included an injured spouse form. I believe it is IRS form 8379.
Here is some info on IRS website: http://www.irs.gov/taxtopics/tc205.html
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