You may be an injured spouse if you file a joint tax return and all or part of your portion of a refund was, or is expected to be, applied to your spouse’s legally enforceable past due financial obligations.
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If you file a joint tax return with your spouse, and your spouse owes a federal tax debt or other debt that you are not responsible for, you can file a claim to stop the IRS from taking your portion of the tax refund to pay your spouse’s debt.
If the IRS has already taken your portion of the tax refund, you can file a claim to get your part of the refund back. The IRS will determine the portion of the refund that belongs to you, based on tax payments you made and your share of any credits.
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