Your Life

Your Life

Major life milestones often have a major tax impact. Changes in your marital status, having a baby or adopting a child can have significant impact on your taxes. This is the place to ask questions about dependents, real estate, and other various scenarios that play a significant role in what taxes you pay.

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Pioneer
Posts: 1
Registered: ‎04-06-2017

Help- injured spouse or innocent spouse?

Me and my husband just got married last year. I've been in the process of having my student loan debts, all the way back from 2009, forgiven. They still say they're "reviewing" it. I was unaware they placed an offset on my tax returns. Me and my husband filed jointly (Big mistake!!!), they took all $5290. Sadly, I almost initially, filed separately which was going to be $900 back to me. That means 4390 of it was all his! Well, in order to file injured spouse, it claims: 

  1. Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.

He doesn't qualify for that. Then he tried filling out the Injured spouse claim. It states on the form: 

 

9 Did (or will) you claim a refundable tax credit? (see instructions)

Yes. Go to Part II and complete the rest of this form.

No. Stop here. Do not file this form. You are not an injured spouse

 

Refundable tax credit: 

Line 9. Refundable credits include the following: Making work pay credit (2009 and 2010),

Government retiree credit (2009),

American opportunity credit (2009 and later years),

First-time homebuyer credit from Form 5405 (2008–2011),

Credit for federal tax paid on fuels,

Adoption credit (2010 and 2011),

Refundable prior year minimum tax,

Health coverage tax credit, and Premium tax credit (2014 and later years).

 

He doesn't qualify for this either.

 

Is there no hope to get his portion back???