Form 8379
where and How do you efile an injured spouse form?
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.
To fill out the Injured Spouse Allocation form (IRS Form 8379), start by providing your personal information, including your name, Social Security number, and tax year on the top portion of the form. Next, complete the income and withholding information for both you and your spouse in the designated sections. Make sure to indicate the portion of your tax refund that you believe should be allocated to you, based on your income and withholdings. Finally, sign and date the form before submitting it along with your tax return or as a standalone request if filing after the return.
Yes and yes, but he should be filing for a modification. see links
No. The spouse should file an "injured spouse" form with the IRS.
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.
Injured spouse relief allows a taxpayer to request their share of a joint tax refund when their spouse's debts—such as unpaid taxes, child support, or student loans—offset the refund. This relief is applicable when the injured spouse's income and tax contributions are not related to the debt. To qualify, the injured spouse must file Form 8379 with their tax return, demonstrating their eligibility. This provision ensures that the innocent spouse can claim their rightful portion of the refund without being penalized for their partner's financial issues.
"seized" ... Your spouse should file an Injured Spouse form w/the IRS to recover his/her share of the tax refund.
An Injured Spouse is a term used in tax law to refer to a taxpayer who is filing a joint tax return and has had their refund withheld due to the tax liabilities of their spouse. This can happen if the spouse owes back taxes, child support, or other debts. The Injured Spouse can file Form 8379 to request their portion of the tax refund, protecting it from being applied to their spouse's debts. This designation helps ensure that the innocent spouse receives their rightful refund despite the other spouse's financial issues.
Innocent Spouse Allocation Worksheet, IN40SP, 51754 is mailed to the Indiana Department of Revenue, Re: Individual Income Tax, P. O. Box 40, Indianapolis, IN 46206-0040. Before you mail your injured spouse forms, you must first qualify by the IRS and an injured spouse and complete all the requirements listed on the Indiana IN-40SP.
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