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My husband and I file joint income tax. Can he claim the entire return?
Anonymous5 views2 answers
I draw money from mutual funds and do not pay taxes until income tax time. He works and pays in, but the property we receive the the rightoffs are jointly owned.
More information would be needed to properly answer this question. With that being said, when a husband and wife file a tax return as Married Filing Joint, the IRS characterizes them to have joint and several liability. Which means you are both liable for the taxes you owe as a couple and as an individual. From your question it is unclear what you mean by whether he can "claim the entire return". More information would be needed.
This is a question of state law. According to IRS rules, one could infer that they are only entitled to the % that correspends with their income and expenses. However, for married individuals, state law ultimately controls property rights for tax refunds.
Christopher Larson
www.insightlawfirm.com
www.insightlawfirm.wordpress.com