The short answer
When you marry and file jointly, you can both be on the hook for the tax. If your spouse brings an old debt, your joint refund can be taken for it.
Filing jointly is often cheaper, but both spouses sign and both can owe.
If your spouse owes past due child support, federal debts or state tax, a joint refund can be applied to it.
Injured spouse relief, on Form 8379, can get back your share of a joint refund taken for your spouse's debt.
Steps that help
- Ask each other about old tax debt before you file.
- Use Form 8379 if a refund is taken for your spouse's debt.
- Update your W-4s after the wedding.
Help that may fit
Innocent spouse: Relief from tax your spouse caused on a joint return.Payment plan: Pay what you owe a little each month.Unfiled returns: Catch up on old returns before the IRS files for you.
Results depend on your situation. Not every case qualifies.
Common questions
Can my refund be taken for my spouse's debt?
Yes, on a joint return. Form 8379 can ask for your share back.
Can I get help if I already owe?
Yes. A tax pro can look at payment plans, penalty relief and other options for your case. Results depend on your situation. Not every case qualifies.