There are different factors to consider for a tax refund. The advice I would offer Charlotte is that she should request relief as an injured spouse.
Injured spouse relief is known to be commonly filed with the married filing joint return. This claim is serve so as to help an individual get back your part of a tax refund from a joint tax return.
It often stands where the IRS has gotten hold of the refund to offset a debt owed by your spouse but not by you.
For an individual to be able to qualify for an injured spouse claim, one must meet criteria such as:
- The individual is not required to pay the past-due amount
- The person must have reported income on the joint tax return
- One has made and reported payments on the joint return
See full question below
Allen and Charlotte married in 2020. They filed a joint return for the year, but the IRS offset their refund because Allen owes past-due child support for his two children from a previous marriage. Charlotte is not legally responsible for the children's support, and she would like to receive her portion of their tax refund. As the couple's tax preparer, what advice would you offer?
Allen should request a certificate of non-attachment.
Allen and Charlotte should submit a joint offer-in-compromise.
Charlotte should request relief as an injured spouse.
Charlotte should request relief as an innocent spouse.
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