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If my spouse owes money to the IRS and we file married filing jointly, will we get a refund?

The IRS might take your refund and apply it against your spouse's back taxes. To avoid this, you can either file Form 8379 for an injured spouse claim, or file separately.

If you file Form 8379 with the return, you must write "Injured Spouse" in the upper-left corner of page 1 of the return. Filing 8379 will likely delay your refund, but it protects your portion.

Filing separately will get you a refund quicker, but you lose many tax benefits available to other taxpayers.

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