Home › Forums › FAQ’s › If my spouse owes back taxes, will his tax debt affect my return? Taggedinjured spousepast due debt 0 replies, 1 voice Last updated by Refundtalk 2 years, 7 months ago RefundtalkKeymaster @admin December 7, 2016 at 3:18 am #1224 Yes. The IRS can apply all or part of your joint refund to your spouse’s legally enforceable past-due debt. You can file Form 8379: injured spouse allocation to recover your share of the joint refund if: You filed a joint return. The joint return had a refund due — all or part of which will be applied against your spouse’s back taxes. You aren’t legally obligated to pay the debt — your spouse is the only one who owes the debt. You reported income (Ex: wages, taxable interest) on the joint return. You did one or both of these: Made and reported payments like federal income tax withholding or federal estimated tax payments Claimed the Earned Income Credit (EIC) or other refundable credit on the joint return The IRS must review your return to allocate part of the refund to you and part of your spouse’s back taxes. It usually takes 11-14 weeks to process your refund. [fbcomments] If You Found The Information Here Was Useful Please Consider Sharing This Page! Tweet Author Posts Viewing 1 post (of 1 total) You must be logged in to reply to this topic.