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Form 8379 is used by an injured spouse to reclaim their share of a joint tax refund that has been offset due to the other spouse's past-due obligations. The document provides detailed instructions on eligibility, filing procedures, and specific guidelines for completing the form, including distinctions between injured spouse claims and innocent spouse relief. It also outlines processing times, common mistakes to avoid, and references to community property laws.
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You may be eligible for injured spouse relief if: You filed a joint return with your spouse. Your tax refund was applied to your spouses overdue debts. You werent responsible for the debt.
Related Separation of Liability Relief. Equitable Relief. Injured Spouse Relief. Tax Relief for Spouses.
Getting innocent spouse relief isnt automatic. The IRS can deny your request, and the process can take as long as six months.
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 their share of the joint refund.
If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks. If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

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This makes you both legally responsible for each others tax liability. If youre lying awake at night wondering, can the IRS come after me for my spouses taxes? the answer is yes. This is true even if you didnt do anything wrong. In this case, the IRS will use your refund to offset your spouses liability.
File Form 8379 when you become aware that all or part of your share of an overpayment was, or is expected to be, applied (offset) against your spouses legally enforceable past-due obligations. You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded.

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