Form 505 Injured Spouse Claim and Allocation 2025

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Filing With the IRS as an Injured Spouse To file as an injured spouse, youll need to complete Form 8379: Injured Spouse Claim and Allocation.
Can the IRS Deny an Injured Spouse Claim? Yes, the IRS may determine that someone filing Form 8379 is ineligible for an injured spouse allocation, or that they are not entitled to as much as they believe.
How long does it take to get my share of the refund if I am an injured spouse? If an injured spouse files Form 8379 along with the couples joint tax return, it takes about 14 weeks (11 weeks if the return is filed electronically) for the injured spouse allocation request to be processed.
If you didnt receive a notice, contact the Bureau of the Fiscal Services Treasury Offset Program (TOP) call center at 800-304-3107 (or TTY/TDD 800-877-8339), Monday through Friday 7:30 a.m. to 5 p.m. Central time.
It can take us up to 8 weeks to process Form 8379 by itself and longer if you file it with your tax return. We calculate the amount of refund you can claim. If you lived in a community property state, we divide the refund based on state community property law.

People also ask

The Interal Revenue Service ( IRS ) Form 8379, the Injured Spouse Allocation, is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint over-payment was, or is expected to be, applied to a past-due obligation of the other spouse.
There are two types of tax relief for spouses: 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.
Well review your request and contact your spouse or former spouse to ask if they want to participate in the process. We may take up to 6 months or longer to review your request. While you wait, continue to file and pay your taxes as usual.

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