Filling injured spouse claim?
Just to clarify the previous answer, which is correct, they can’t take YOUR portion of the refund. This is determined on the Injured Spouse form by comparing your own income and tax withholding with those of your husband, and coming up with the percentage share of the refund that is yours. Lots of people think that you don’t owe income tax on disability, but that is not always true when filing a joint return. If the total Adjusted Gross Income is over a certain level, then a PORTION of the SS Disability income is taxable. However, if your husband didn’t have federal income tax withheld from his payments, and you still qualify for a refund, then the whole refund will be yours. Been there, done that–I’m the injured spouse, but also the one on disability.
