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CA applies refund to separated spouse

December 01, 2016 • Kathy Hetrick • Log In to Post Comments

Husband moved out in 2011, last joint return was filed 2012. Due to identity fraud on 2012, wife's head of household (not joint) IRS refund for 2014 was applied to 2012 return.  IRS fixed the problem and issued wife's refund, however, CA took $2,000 of the refund and applied it to the joint 2012 return.  CA resolved the 2012 identity theft issue, said they would refund the $2,000, but then later applied it to husband's past due taxes (as an individual, not joint), that were incurred after 2012, after they no longer were together or filing joint tax returns.  The money belongs to the wife, and she should receive the refund. The divorce still isn't final, nor is she getting her legal allocation of alimony or child care payments regularly, reflecting the irresponsiblilty of the former husband.  How do you recommend dealing with CA FTB to right this situation.  Is there a taxpayer advocate phone number, form to complete, etc?


You should call the Tax Practitioner Hotline to request the refund. The number is:

Telephone: (916) 845-7057


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