Form m 8379 2017-2025

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Your spouse (referred to in this situation as the injured spouse) may reclaim his or her portion of the refund from the Internal Revenue Service (IRS) by filing an injured spouse claim form (IRS form 8379). You may also request this form from the IRS by calling 1-800-829-1040.
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.
File Form 8379 when you become aware that all or part of your share of an over-payment was, or is expected to be, applied 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.
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.
Innocent joint filer You may qualify for relief if you meet all of the following: You filed a joint tax return. Your spouse/RDP created the tax debt. Given the facts and circumstances, it would be unfair to hold you liable for the tax debt.
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Yes, you can file Form 8379 electronically with your tax return. Generally: 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.
The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.
To qualify for an injured spouse claim, you must meet all three following conditions: You are not required to pay the past-due amount. You reported income on the joint tax return. You made and reported payments on the joint return.

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