Injured spouse tax refund
The “injured spouse” on Form 8379 refers to a spouse who has been affected by the application of a joint tax refund to offset their spouse’s debts. Because they have been financially harmed (“injured”) by this use of the refund, that spouse is able to reclaim their share of the refund from the IRS.
How long does it take to get refund when filing injured spouse?
Generally: If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks. If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.
Who is considered the injured spouse?
An injured spouse is an individual who has filed jointly with a spouse and received no refund because their spouse owed a debt that is being collected by either IRS or the Bureau of Fiscal Service and some or all of their refund was applied to that debt.
When can I use injured spouse?
You may be an injured spouse if you file a joint return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse’s legally enforceable past-due federal tax, state income tax, state unemployment compensation debts, child support, or a federal nontax debt, such as a
How do I check the status of my injured spouse refund 2020?
If it’s been longer than the number of weeks mentioned above, you can call the IRS to check the status of it. You can also call the IRS tax refund hotline at 800-829-4477, Monday – Friday, 7:00 a.m. to 11:30 p.m.
Can injured spouse be denied?
Can the IRS Deny an Injured Spouse Claim? Yes, the IRS may determine that someone filing Form 8379 is ineligible for an injured spouse allocation, or that they are not entitled to as much as they believe.
How is refund calculated for injured spouse?
The injured spouse’s share of the overpayment is computed by subtracting that spouse’s share of the joint liability, determined in accordance with the separate tax formula, from that spouse’s contribution of credits toward the joint liability. The amount credited cannot exceed the amount of the joint overpayment.
What happens when you file injured spouse?
The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.
How do I file an injured spouse stimulus check?
Initially, the IRS advised that if you are an Injured Spouse but did not have a Form 8379 for the return used to calculate your stimulus check and your portion was withheld, you need to fax or mail a completed Form 8379 as soon as possible.
Why is injured spouse take so long?
Why does it take so long? Because injured spouse must be hand processed and anything hand processed in the IRS takes time – a lot of time.
Will the IRS take my refund if my husband owes child support?
If your state child support enforcement office has reported your overdue child support to the Treasury Department, the IRS will take your tax refund to cover the arrears (often called a tax refund seizure). The IRS will then give the money to the appropriate child support agency.
Will the IRS take my refund if my spouse owes?
If your spouse owes money to the IRS and you file jointly, you both become responsible for each other’s taxes, penalties, debt, and levies. This means your tax refund can be put toward your spouse’s back taxes, even if you weren’t responsible for the debt that was incurred.
What is the IRS innocent spouse rule?
By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return.
Is it better to file married filing separately or injured spouse?
Married filing jointly is usually the best option for a married couple because you get the lowest tax rates, highest standard deduction, and the best tax benefits, especially when you are claiming dependents.
Does filing injured spouse work?
An injured spouse claim can help you get back your part of a tax refund from a joint tax return. It applies where the IRS has intercepted the refund to offset a debt owed by your spouse but not by you.
Do I have to file taxes with my husband if we are separated?
Filing Taxes When Divorce Isn’t Final. If you are separated, you are still legally married. While you may think you should file separately, your filing status should be either: Married filing jointly (MFJ)
Can I sue my ex for my stimulus check?
Did your spouse or ex-spouse take your COVID Economic Impact Payment in 2020? If so, you may be able to claim your economic impact payment (EIP) as a credit or refund on your 2020 federal tax return.