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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.
When a joint refund is seized (or expected to be seized) by the government to pay one spouses debt, the other spouse known as the injured spouse can attempt to recover his or her portion of the joint refund by filing Form 8379, the Injured Spouse Allocation form.
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.
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.
Purpose: Use Form CT-8379, Nonobligated Spouse Claim, if: You are a nonobligated spouse and all or part of your overpayment. was (or is expected to be) applied against: Your spouses past due State of Connecticut debt (such as. child support, student loan, or any debt to any Connecticut state.
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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 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.
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.
Injured Spouse vs. Innocent Spouse. An injured spouse claim is for allocation of a refund of a joint refund while an innocent spouse claim is for relief or allocation of a joint and several liability reflected on a joint return.
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.

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