Do I have to pay back a tax refund I received if I get an annulment?

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Do I have to pay back a tax refund I received if I get an annulment?

My wife and I are looking to get an annulment and I was wondering if I would have to pay back the tax refund I received last year since I claimed her as a dependent? She has been out of work for quite sometime had no income of her own to claim and I filed “Married Filing Single”. I only ask this since an annulment makes it so the marriage never existed at least in the system.

Asked on January 4, 2012 under Family Law, Maryland

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Yes if you get an annulment then you would have to file a 1040X to correct your tax returns.


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