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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.
What else can I help you with?
How do I fill out an injured spouse form?
Form 8379
Can you be held responsible for your spouse's student loans?
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].
How do you file as an injured spouse on taxes?
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.
How can an injured spouse get the couple's entire refund back if it was offset for back child support?
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.
If husband made no money and it is obvious on tax return but there is still a tax refund due to spouses taxes paid does IRS have the right to send that to husbands back child support?
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
How do you fight the IRS for refund that has been held for spouses back taxes?
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
Are you responsible for paying your husband's taxes from a prior year before you knew him?
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.
Is it legal for your present spouse's taxes to be ceased if you owe back child support?
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.
You did not work and your spouse owes tax are you responsible?
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.
When Injured spouse relief allows?
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.
What does Injured Spouse mean?
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.
Where do I e-file tax Form 8379?
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.
