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Yes, When you file jointly, the IRS considers you and your spouse as one entity. If your new spouse owes money to the IRS, the IRS can seize your new joint refund to pay the debt.
Read more: Sometimes it pays to file separately http://www.bankrate.com/finance/money-guides/sometimes-it-pays-to-file-separately.aspx#ixzz1kfqgeBBP
I read that article and a couple others like it but it seemed to me that they would seize your money only if you weren't paying it back already. I guess I am just confused. Ah.
@kate169: Wish I could help you further! I am getting my Master's in Accounting but to become an auditor not a tax accountant...I'll ask my boyfriend if nobody else here can really help- he is doing tax accounting (not personal income taxes...real estate and corporate taxes, but he may know)...
*Worst Case Scenario: IF the IRS states that his tax refund will be withheld to pay your past due debt, he can easily file an "Injured Spouse Claim" to get him back his part of the tax refund not liable to your debt. (See the article below)
@smiles731: Thanks for your help! I really do appreciate it! We're trying to decide if it's better for us to file separately even though he will lose out on deducting his student loan interest that way.
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I owe the IRS about 3000ish from a prior year return that I am currently paying back in an installment plan. My husband and I are probably going to file jointly for the first time. Any refund I am able to receive automatically goes right back to pay down my payment plan. My question is, if we file jointly will my husband's refund also go to that prior payment plan? Its off my 2008 return.