Usually you need to file form 8379 as soon as you learn about any problems with your refund, for most people is the year the file for the first time jointly. If you are trying to recover from a few years back because you didn't know about the injure spouse form, it is a gamble. You can just file it a wait to see what the IRS will respond, in the worst case scenario they will denied it.
Form 8379
No. You're protected by "injured spouse relief." If you've filed a joint return, you can get back your share of the offset refund by filing Form 8379 [Injured Spouse Allocation].
Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax 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, child or spousal support, or a federal nontax debt, such as a student loan.
The injured spouse may or may not get back the entire tax refund. They will have to file an injured spouse tax form (Form Number 8379). The IRS will figure the amount of the tax refund which would be allocated to each spouse and that percentage will be refunded to the injured spouse. If the spouse with the debt was the only one working, the injured spouse will get little or none of the refund back. It all depends on the return and their situation.
Yes unless the injured spouse files the IRS form 8379 to claim her share of the MFJ income tax return refund.Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax 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, child or spousal support, or a federal nontax debt, such as a student loan.Click on the below Related Link
Go to the IRS gov web site and use the search box for form 8379 go to page 2.Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax 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, child or spousal support, or a federal nontax debt, such as a student loan.Click on the below Related Link
No. Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax 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, child or spousal support, or a federal nontax debt, such as a student loan.
Yes. Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2 Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund. You may be an injured spouse if you file a joint tax 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, child or spousal support, or a federal nontax debt, such as a student loan.
On the married filing joint income tax return it is not the spouse that owes the tax because the spouse worked and earned the income it is we owe taxes on the joint income tax return because the spouse worked and earned the income.If this is about some past due taxes that the spouse owes then the below information would apply.Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax 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, child or spousal support, or a federal nontax debt, such as a student loan.
Form 8379 is Injured Spouse Allocation. Go to the IRS home page, www.irs.gov. Select e-file or freefile from the right column. They each have a list of all the forms that they provide. Their current tax year forms generally are available by January 1st.
There is something called "Innocent Spouse Relief", which you file on Form 8857. This is a way to request relief from joint liability for tax, interest , penalties on a joint return for items that were incorrectly reported on the joint return. ALSO, there is something called an "Injured Spouse" claim, which you file on Form 8379. Form 8379 is a way to request the division of a tax overpayment according to the proper share of each spouse's contribution.
If you file jointly you would need to file an injured spouse form (form 8379) to avoid that your share of the refund will be taken.