legal bankruptcy forms
income tax refund being withheld b/c wife filed bankruptcy?
My wife filed chapter 7. We are getting separated but not legal yet. I made the mistake of filing a joint return as I saw her income tax showed she owed $78.00. My refund was $7500. Now its being held due to bankruptcy court. talked to IRS and they said I could file a injured or innocent spouse form and 8-12 weeks it would be addressed. Any advice from someone that has experience in this area?
I’m in desperate need of my money.
It’s too late to amend to separate returns now. The deadline for that was the original filing deadline of April 15th. Separate returns can be amended to joint at any time but a joint return can only be amended to separate returns PRIOR to the filing deadline.
You’ll have to address that through the bankruptcy action now. You may need to engage your own attorney to watch out for YOUR rights. Your wife’s attorney has only HER best interests in mind.
It’s doubtful that an Injured Spouse claim will help you. She has been ordered to turn over any tax refund to the bankruptcy court. You will have to have the funds separated at that point since they are not being separated by FMS, the treasury arm that cuts tax refunds and handles tax refund offsets. Tax refunds are not subject to offset by FMS for bankruptcy actions.
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