Christian Posted March 14, 2013 Report Share Posted March 14, 2013 Every year a new wrinkle. A client married a girl who has three dependent children one of whom is his. Last year he filed as mfj and thought he was going to get a large eitc but because his new wife had outstanding unpaid student loan debts (conveniently forgotten about) his credit was taken to pay her loan obligations. This year he wants to file mfs and ,of course, will loose the eitc but expects he will get most of what he paid in back. They live together so he cannot file hoh buts wants to claim the three kids which ,of course, live with him. Under this filing status can he claim all three children ? Quote Link to comment Share on other sites More sharing options...
joanmcq Posted March 14, 2013 Report Share Posted March 14, 2013 Yes. But you could also do injured spouse. Quote Link to comment Share on other sites More sharing options...
mcb39 Posted March 14, 2013 Report Share Posted March 14, 2013 This happened to a client of mine this year. The IRS kept over $4000 for an old student loan for the wife who does not work. Can the taxpayer still file an amended return with the injured spouse form because most of the refund was his and he didn't know about the student loan in arrears. (There is a lot he didn't know about his wife before he married her and they are currently separated.) Quote Link to comment Share on other sites More sharing options...
Lion EA Posted March 14, 2013 Report Share Posted March 14, 2013 Per TTB: If the return was already filed, send Form 8379 by itself to the IRS center for the place the injured spouse lived when the return was filed. Attach a copy of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding. I did this once, and my client received her refund. Quote Link to comment Share on other sites More sharing options...
Christian Posted March 14, 2013 Author Report Share Posted March 14, 2013 Are you saying I can file a Form 8379 for last year for the husband by itself or attach same to an amended return for that year ? Like other marital matters he was unaware she owed these loans. The wife had no income in 2011. Quote Link to comment Share on other sites More sharing options...
mcb39 Posted March 14, 2013 Report Share Posted March 14, 2013 Per TTB: If the return was already filed, send Form 8379 by itself to the IRS center for the place the injured spouse lived when the return was filed. Attach a copy of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding. I did this once, and my client received her refund. Thanks a ton. Quote Link to comment Share on other sites More sharing options...
Lion EA Posted March 14, 2013 Report Share Posted March 14, 2013 "by itself" Quote Link to comment Share on other sites More sharing options...
Christian Posted March 14, 2013 Author Report Share Posted March 14, 2013 Also, by filing mfs for this year and claiming the three children he will avoid his refund being attached for her loans right ? Quote Link to comment Share on other sites More sharing options...
mcb39 Posted March 14, 2013 Report Share Posted March 14, 2013 Also, by filing mfs for this year and claiming the three children he will avoid his refund being attached for her loans right ? No.......by filing MFS you lose a lot of the credits such as EIC. They are not allowed. File MFJ with the 8379 and he will be a lot better off. Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted March 15, 2013 Report Share Posted March 15, 2013 I'd look at it both ways, but unless the MFJ is SIGNIFICANTLY BETTER, I'd avoid filing jointly when they are about to split. Quote Link to comment Share on other sites More sharing options...
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