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How do I get a refund if I filed a joint federal return and I am an injured spouse?

Answer #630 -- ( Published 01/11/2007 10:56 AM | Updated 07/12/2017 10:41 AM )

How do I get a refund if I filed a joint federal return and I am an injured spouse?

If you are married, you filed a joint federal return, and you are an injured spouse (e.g., your spouse owes a liability, for which you are not responsible, to a government agency), you should file separate Illinois returns using the "married filing separately" filing status. If you file a joint Illinois return, we may take the entire refund to pay your spouse's liability. If you did not make this election on your original Form IL-1040, you may file Form IL-1040-X to make or revoke this election only if the extended due date of the return has not passed. Once the election is made, it is irrevocable.

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