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Injured spouse form 2025

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Form 8379, titled 'Injured Spouse Allocation,' is a document from the IRS that allows individuals who filed a joint tax return to claim their share of a tax refund if their spouse has past-due debts that could offset the refund. The form includes sections to determine eligibility, provide information about the joint return, allocate income and deductions between spouses, and includes a signature section for verification.

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What is the purpose of the 8379 form?

Purpose of Form 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.

What qualifies as an injured spouse?

Youre an injured spouse if your share of the refund on your joint tax return was (or is expected to be) applied against a separate past-due debt that belongs just to your spouse, with whom you filed the joint return.

What is the difference between form 8379 and 8857?

Dont file Form 8379 if you are claiming innocent spouse relief. Instead, file Form 8857. Generally, both spouses are responsible for paying the full amount of tax, interest, and penalties due related to your joint return.

Should I file innocent spouse vs injured spouse?

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.

What is the difference between injured spouse relief and innocent spouse relief?

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.

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Is equitable relief the same as innocent spouse?

Equitable Relief (IRC 6015(f)): If you do not qualify for Innocent Spouse Relief or Separation of Liability Relief, you may still qualify for Equitable Relief. This relief applies when, considering all the facts and circumstances, it would be unfair to hold you liable for the understatement or underpayment of tax.

Can you file an injured spouse form electronically?

How to request relief. To request injured spouse relief, file Form 8379, Injured Spouse Allocation. You can file it with your tax return by mail or electronically. You can also mail it separately when you receive notice that your refund was applied to an outstanding debt.

What is form 8857 used for?

Taxpayers file Form 8857 to request relief from tax liability, plus related penalties and interest, when they believe only their spouse or former spouse should be held responsible for all or part of the tax.