![]() There are two formulas used, including subtracting Robin's share of joint liability from her share of the credits and income. Please refer to page 1 of the IRS form instructions under the heading, 'time. The IRS takes many things into account when calculating how much the injured spouse might be due. Please refer to the following FAQ for instructions on how to file an injured spouse. By filing for injured spouse relief, Robin is asking the IRS to keep her refund away from Jamie's debt. Now let us discuss the details for completing Form 8379, including where to. Once they file as a couple, Robin's refund will be used to cover Jamie's back student loan payments. Filing this form will allow the injured spouse to request that he or she receive an appropriate allocation of the refund owed for overpayment of taxes from a jointly filed tax return, rather than allowing them to be used to cover past-due taxes owed by the other spouse. Jamie doesn't usually receive a refund because the IRS garnishes any tax overpayments to cover his past-due student loans. If you filed a joint return with your spouse, and at the time you signed the joint return you had no reason. Robin has always filed individually in the past and is used to getting a nice refund. Visit your state’s web site for further information on how your state handles injured spouse state taxes and review an injured spouse tax form. If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks. Form 8379 if only item (1) above applies. Generally: If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you have nothing to do with your partner’s original debt then you are an injured spouse. (discussed later) at any time during the tax year, you may file. A current spouse has the option of filing an injured spouse form to prevent their portion from being applied to the child support debt. All married couples can file using the married filing jointly or filing separately statuses. įor example, take newly married, theoretical couple, Robin and Jamie, who are filing taxes jointly for the first time. Each state, as some states fall into the community-property state category, treats the injured spouse allocation differently, which will affect refunds. If you and your spouse haven’t lived together for 6 months prior to filing, either of you may file under the head of household status. A formal Notice of Offset will be mailed to the taxpayer's address, which gives the taxpayer time to respond by filing Form 8379 as an injured spouse. The IRS will inform you and your spouse if an offset takes place. ![]() A potential refund could be used to offset past-due child support, defaulted student loan payments, state or local taxes, or any other money owed to a state or federal agency. It's not just federal tax debt that gets collected.
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