He has student loans in default and we claimed our daughter as a dependent..can they take the whole refund for the loans or do they have to give me some of the refund?If married filing joint can they take all of out refund due to my husband owing student loans?
Yes, IRS will offset joint refund.
You can file Form 8379 (Injured Spouse) with your joint tax return. The IRS will allocate the refund between you and your spouse. But by filing Form 8379, your refund will be delayed by about 2 months.
You can file as married filing jointly (MFJ) or married filing separately. In most cases, it is better to file as MFJ. Read http://taxipay.blogspot.com/2008/02/fili鈥?/a>If married filing joint can they take all of out refund due to my husband owing student loans?
Attach Form 8379 to preserve your share of any refund.
first find out if his social security has been flagged for tax refund offset by calling (fms) at 1-800-304-3107 and if so you all need to file a injured spouse claim form with you'll return (which takes 11-14 weeks to process)or if you'll filed already you'll need to mail the form to the irs alone without the w-2's since the return has already been sent and that takes about 8 weeks to be processed when sent by itself,but your portion will not be offset for his debt and be sure to include your daughter as your exemption.
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