If an IRS refund check is made out to both spouses, do both need to endorse it? What are the alternatives if the check has been cashed with only one signature? How can the other spouse get her share of the money?
When tax refund checks are issued on joint income tax returns, they are made payable to both spouses, with their names connected by an ampersand ("&"). That means that unless the check is deposited to a joint account owned by both spouses, both endorsements would be required for either one of the spouses to negotiate the check.
If the check was not deposited to an account the spouses hold jointly, the spouse that did not endorse the check should contact the IRS with details and file a claim. The IRS will investigate the matter, and if it determines the spouse is due funds, will issue a check and pursue recovery from the spouse that negotiated the original check and any other party that may have held the check before it was deposited or cashed by a bank.
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