Injured Spouse Tax Relief is a measure that can help married couples who file a joint income tax return and are facing the burden of having to pay the tax due on their joint return, when one spouse is not responsible for the tax.
The Internal Revenue Service (IRS) offers injured spouse relief so that the former or current spouse who is not responsible for the tax does not have to report income that was jointly earned by both spouses.
To be eligible for this type of relief, the injured spouse must have reported income on their joint tax return and then file an Injured Spouse Claim with the IRS. This claim will make it so that only one spouse is held responsible for any taxes due.
This type of claim can help protect one spouse from being liable for a debt caused by their current or former spouse.
When should I file for Injured Spouse Relief?
When filing a joint tax return, individuals may need to file for Injured Spouse Relief if their spouse owes money in debts or back taxes. If a tax refund is expected but gets seized and applied to their spouse’s debt, the injured spouse can file form 8379 with their tax return to claim their portion of the refund.
The injured spouse must be able to prove that the money being held was earned by them, not their spouse.
To file an Injured Spouse Claim, the injured spouse should first complete a joint tax return and then file form 8379. This form should be filed as soon as possible after filing the joint tax return in order to ensure that any refund due will be distributed appropriately. Once both forms have been received by the IRS, they will review them and process the injured spouse claim accordingly.
How do I qualify for an Injured Spouse Relief?
If your spouse owes past-due federal income tax, child support, or a student loan and you filed a joint tax return for the same tax year, you may qualify for Injured Spouse Relief.
This claim allows you to report income and receive your portion of any refund from the joint return without being responsible for your spouse’s debt.
To be eligible for an Injured Spouse Claim, you must have reported income on the joint tax return and paid federal income taxes.
Additionally, if you live in a state with an income tax, you must also have reported state income taxes on the joint tax return.
Filing for injured spouse relief may allow you to recover part or all of the refund that would otherwise go toward paying off your spouse’s debt. If you think that you are eligible to make an injured spouse claim, then it is important that you file it as soon as possible after filing your joint federal or state tax return.
How do I request Injured Spouse Relief?
If you are an injured spouse and you have filed a joint tax return with your spouse, you may be eligible to file an Injured Spouse Claim.
To do so, you need to fill out Form 8379 from the IRS. This form will allow you to receive any refund amounts that are due to you as the injured spouse, even if your spouse has unpaid debts or obligations.
When filing for Injured Spouse Relief using Form 8379, it is important to make sure that it is submitted along with your original tax return. If your taxes have already been filed and processed by the IRS, then the form must be sent separately from the original tax return.
Make sure that all required information is included in order for your claim to be valid. Once Form 8379 has been completed and filed with the IRS, they will review and process your claim according to their regulations.
What if I Don’t Agree With the Amount of my Injured Spouse Claim?
If you, as an injured spouse, do not agree with the amount of your claim from the IRS, you have the right to file a Form 8379 – Injured Spouse Allocation. This form allows you to request that your portion of any joint tax refund be allocated to you and not your spouse’s portion.
The IRS will review your claim and determine how much of the refund is yours. If approved, you will receive your portion and it won’t be used by your spouse for any other purpose.
In some cases, if there is too much debt or other issues associated with the injured spouse claim, additional paperwork may be required and a longer wait time may follow before a resolution can be made on the original claim.
What Is IRS Form 8379: Injured Spouse Allocation?
IRS Form 8379, the Injured Spouse Allocation form, is an important document for married couples who file a joint tax return.
This form can help protect the portion of a joint refund that belongs to one spouse if the other spouse has past-due debt, child support, or student loan debt.
By filing Form 8379 with their joint tax return, the injured spouse can claim their share of the refund and prevent it from being taken to pay obligations of the other spouse.
The allocation process on Form 8379 allows the IRS to determine how much of a joint refund may be subject to offset and how much should be allocated to each spouse.
When filing jointly, those affected by this issue must remember to file Form 8379 in order to receive their portion of any joint refund they are entitled to.
If you are married and have filed taxes jointly with your spouse in prior years and owe any past-due federal debt as an individual or together as a couple, you should file form 8379 with your current year’s tax return in order to avoid having all of your joint refund taken away from you.
How Long Does It Take To Get a Tax Refund With an Injured Spouse Claim?
When a spouse is injured and needs to claim a tax refund, the process can take some time.
The injured spouse must file Form 8379 along with their joint tax return. This form must be filed with the Internal Revenue Service (IRS).
Depending on the specifics of the injury, it may take up to 6 weeks for the IRS to process an injured spouse claim and issue a tax refund.
In certain cases, the IRS may ask for additional information or documentation in order to complete the processing of Form 8379. If this happens, it will add additional time to the process before a taxpayer can get their tax refund.
Can the IRS Deny an Injured Spouse Claim?
In short, Yes, the IRS can deny an injured spouse claim.
An injured spouse claim is when one spouse files a tax return and has been allocated some federal tax liability or refund, but the other spouse is not liable for that tax. When this happens, the non-liable spouse can file Form 8379 (Injured Spouse Allocation).
With this form the innocent spouse can get their portion of the refund or be relieved from paying taxes on income earned by their partner.
If the IRS denies a spouse’s claim, they will need to file Form 8857 (Request for Innocent Spouse Relief) in order to get relief from any taxes they owe.
The IRS may deny a claim if they feel it is frivolous or if there are inaccuracies in the information provided on either form. It’s important to make sure all documents are accurate and up-to-date before filing a form with the IRS.
What’s The Difference Between Injured Spouse Relief and Innocent Spouse Relief?
Injured Spouse Relief and Innocent Spouse Relief are two different forms of tax relief offered by the IRS.
- Injured Spouse Relief – applies to spouses who have had their refund from a joint tax return used to pay past-due federal income taxes, child or spousal support, or student loan debt. With Injured Spouse Relief, the IRS will allocate the refund between the spouses according to each person’s share of the joint liability.
- Innocent Spouse Relief – is available when one spouse has unpaid taxes due on a joint tax return that they did not know about at the time it was filed. When Innocent Spouse Relief is granted, the innocent spouse will be released from any responsibility for paying back taxes, interest, and penalties related to the past-due amount on the joint tax return.
To apply for either form of relief, taxpayers must complete the correct IRS Form. we highly recommend speaking with a qualified tax professional before attempting to file on your own.
How To Get Help With Injured Spouse Claims
If you are dealing with an injured spouse claim, there are several options for getting help.
First, you can contact a tax professional who has experience in this area. They will be able to provide valuable advice on how to go about filing the claim and appealing any disputes that may arise.
Additionally, many state and federal agencies have representatives who specialize in helping with injured spouse claims. These individuals are knowledgeable about the process and can provide guidance throughout the entire process.
Finally, there are numerous online resources available to help people understand their rights and what they need to do in order to get a successful outcome from their claim.
Our experts at National Tax Network are standing by to help. Give us a call today at 877-860-3731 for a free 15 minute consultation.