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Nonobligated spouse relief (separate your part of the refund)

If you are filing a joint return and only your spouse owes a debt to the Tax Department or another New York State agency, you can separate your part of the refund.
 
Complete Form IT-280, Nonobligated Spouse Allocation (not an amended return) and attach it to your original return.
You cannot use Form IT-280 for a debt owed to the IRS or to another state; you must directly contact the IRS or the other state.
 
Additional resources
Publication 89, Innocent Spouse Relief (And Separation of Liability and Equitable Relief)
Federal Form 8379, Injured Spouse Claim and Allocation
 

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Last Modified: December 14, 2007