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The phrase injured spouse has nothing to do with being physically hurt. In taxes, you might be an injured spouse if you file a joint tax return when your spouse has past debts the IRS can collect. Even if you should be getting a refund, the IRS might use all or part of your refund to pay your spouses debts.
You need to file the form for every tax year in which your refund was affected and for which you want to obtain injured spouse relief. You have three years from the due date of the original return (including extensions) or two years from the date that you paid the tax that was then offset, whichever is later.
Youre an injured spouse if all or part of your share of a refund from a joint return was or will be applied against the separate past-due federal tax, state tax, child or spousal support, or federal non-tax debt (such as a student loan) owed by your spouse.
You need to file the form for every tax year in which your refund was affected and for which you want to obtain injured spouse relief. You have three years from the due date of the original return (including extensions) or two years from the date that you paid the tax that was then offset, whichever is later.
To file this form in TurboTax: Open or continue your return. In the search box, enter injured spouse and then select the Jump to link in the search results. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.
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By FEDEX or UPS send to: IRS , 201 W. Rivercenter Blvd., Stop 840F, Covington, KY 41011. Alternatively, fax the form and attachments to 855-233-8558. DO NOT mail your Form 8379 to any other IRS address.
The IRS recommends allowing 14 weeks for Form 8379, Injured Spouse Allocation, to process. The IRS will notify you by letter of acceptance or denial. If you are denied Injured Spouse relief, the IRS will give you 30 days to appeal the decision. An Injured Spouse request is different than an Innocent Spouse request.
In this situation, the app will help complete and file Form 8379, Injured Spouse Allocation. The form will be filed with your 2022 Tax Return, due April 18, 2023.
An injured spouse form can be filed with a joint tax return, amended joint tax return, or afterward by itself. If you live in a community property state, the rules may differ.
You need to file the form for every tax year in which your refund was affected and for which you want to obtain injured spouse relief. You have three years from the due date of the original return (including extensions) or two years from the date that you paid the tax that was then offset, whichever is later.

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