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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.

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15y ago

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Related Questions

Can a nonobligated spouse's federal taxes be offset due the other spouse indebted child support?

No. The spouse should file an "injured spouse" form with the IRS.


Do you have to file taxes jointly with your spouse?

No, you do not have to file taxes jointly with your spouse. You have the option to file taxes separately if you choose to do so.


Your ex-husband is responsible for the back taxes and you have the divorce decree to prove it but if you file your taxes the IRS will take your because he is not paying what can you do about this?

File injured spouse forms to separate your tax liability from his.


Is it legal for your spouse's taxes to be ceased when you owe back child support?

"seized" ... Your spouse should file an Injured Spouse form w/the IRS to recover his/her share of the tax refund.


If we file taxes separately, am I responsible for my spouse's tax debt?

If you file taxes separately, you are generally not responsible for your spouse's tax debt. Each spouse is responsible for their own tax liabilities when filing separately.


If a man and woman are married but separated and the husband hasn't paid taxes for 3 years will the wife be responsible for owed taxes?

You need to file a Injured spouse form. This would be done by the party who belives they are not liable.


Can I file myspouse were unmarried on your taxes as dependent He is on childsupport for a 1 yr old and we have 2 He is in school fulltime and imthe headofhousehold Will i get all my return back?

You need to file an injured spouse form. see links


How long to get taxes back if you do direct deposit injured spouse?

Go to the injured spouse group on facebook. we are all in the same boat no tax professionals just other injured spouses waiting to get returns


Can I use my HSA for my spouse if we file taxes separately?

Yes, you can use your Health Savings Account (HSA) funds for eligible medical expenses for your spouse, even if you file taxes separately.


Can you file taxes with your spouse even if you are not married?

Spouse = married. Can't have one without the other.


Can you file as single on your taxes if you are married?

No, you cannot file as single on your taxes if you are married. You must either file jointly with your spouse or separately as married filing separately.


If your spouse is in prison what should your filing status be when filing taxes?

My mom has a w2 for spouse how is in prision how can she file tn taxes she has always filed joint