Yes, the IRS can take your husband’s tax refund for your student loans if you filed a joint tax return.
When you file a joint tax return, you are jointly and severally liable for the tax debt. This means that the IRS can collect the tax debt from either spouse, regardless of who earned the income or incurred the debt.
If you have a student loan debt and you file a joint tax return, the IRS can take your husband’s tax refund to pay off your debt, even if he is not the one who borrowed the money.
However, there is an exception to this rule. If you can prove that you are an “innocent spouse,” you may be able to protect your husband’s tax refund from being taken to pay off your student loan debt.
To qualify as an innocent spouse, you must meet the following requirements:
- You must have filed a joint tax return with your spouse.
- You must not have known about your spouse’s student loan debt at the time you filed the joint tax return.
- You must not have benefited from your spouse’s student loan debt.
If you meet all of these requirements, you may be able to file an injured spouse claim with the IRS. This claim will allow you to protect your husband’s tax refund from being taken to pay off your student loan debt.
To file an injured spouse claim, you must complete Form 8379, Injured Spouse Allocation. You can download this form from the IRS website.
Once you have completed Form 8379, you must mail it to the IRS address listed on the form. The IRS will then process your claim and determine if you are eligible for innocent spouse relief.
If you are granted innocent spouse relief, the IRS will release your husband’s tax refund to him. You will then be responsible for paying off your student loan debt on your own.
If you are not granted innocent spouse relief, the IRS will take your husband’s tax refund to pay off your student loan debt. You will then have to find another way to pay off your student loan debt.
Here are some additional things to keep in mind:
- The IRS can only take your husband’s tax refund to pay off your student loan debt if you have a federal student loan.
- The IRS cannot take your husband’s tax refund to pay off your private student loan debt.
- If you have both federal and private student loan debt, the IRS can only take your husband’s tax refund to pay off your federal student loan debt.
If you have any questions about whether the IRS can take your husband’s tax refund to pay off your student loan debt, you should contact the IRS directly.
VERIFY: Will the IRS take your tax refund if you owe federal student loans?
FAQ
Can the IRS take my refund if my husband owes student loans?
Can IRS take my tax return if my husband owes child support?
Can tax refund be garnished for student loans?
Will the IRS take my tax refund for student loans this year?
Will the IRS take my student loan refund?
If your student loan is in deferment, the IRS won’t take your refund. The IRS will only take your refund if you’re delinquent with your student loans to offset debt. Your student loan interest deduction might be lower than prior years if you paid less interest in the current tax year. This can affect how much refund money you receive.
What happens if a student loan tax refund is garnished?
When this happens, your federal income tax could be garnished by the U.S. Department of Education and the U.S. Treasury in an attempt to offset the delinquent funds. This is called a student loan tax refund offset. You’ll know if you’re at risk of an offset through a notice in the mail from the federal government.
Do student loans affect your tax return?
If you have student loans, don’t forget about them at tax time. Student loans can impact your federal income tax return in several ways, from reducing your taxable income to losing your refund, depending on your situation. Here’s what you need to know. 1. You May Qualify for the Student Loan Interest Deduction
Can private student loans take my tax refund?
Private student loans cannot take your tax refund. The key to avoiding default status on your student loans — and, by extension, having your tax refund taken — is making your monthly payments on time and in full. If you’re having trouble making monthly student loan payments, you’re not automatically destined for default status.