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2010 4 Satisfied (60 Votes)
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When to request relief. File Form 8379 within 3 years from date the return was filed or 2 years from the date the tax was paid, whichever is later. If you didnt file a return, you must file within 2 years of the date the tax was paid.
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.
Injured spouse relief is different from innocent spouse relief and you cannot request it by filing Form 8857. You must file Form 8379. For example, if you check Yes on line 1 and Yes on line 2, you will have to file both Forms 8857 and 8379. Line 2 Complete line 2 to determine if you should file Form 8379.
Injured spouse relief lets you reclaim money taken from your tax refund to cover your spouses debts. Innocent spouse relief relieves you from paying additional federal income tax owed by your spouse due to errors on a joint tax return.
Form 8379 can be e-filed. An innocent spouse (Form 8857, Request for Innocent Spouse Relief) is asking the IRS not to hold him or her liable for tax resulting from actions of the other spouse in a joint return. Form 8857 is not transmitted with an e-filed return, but must be paper-filed separately.
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Open or continue your return in TurboTax by selecting the Continue or Start button on the Tax Home screen. Search for 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.
A couple can file Form 8379 along with their joint tax return if they expect their refund to be seized. Alternatively, the injured spouse can file it separately from the return if they find out after they file that a refund was seized.

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