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Injured spouse relief can help you get back your share of a federal tax refund that was reduced to pay your spouses debts. Refunds on a joint tax return may be applied to overdue debts such as: Past-due child support. Debts to federal agencies. State income tax obligations.
Taxpayers who do not remarry in the year their spouse dies can file jointly with the deceased spouse. For the two years following the year of death, the surviving spouse may be able to use the Qualifying Surviving Spouse filing status.
File Form 8379 when you become aware that all or part of your share of an overpayment was, or is expected to be, applied (offset) 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.
Because a joint return was involved, your spouse is responsible for that old debt. If your spouse or their ex doesnt pay, the IRS may take involuntary collection actions against your spouse. This can include wage garnishments, bank account levies, and asset seizures.
How do I request an Injured Spouse Claim? Make a claim by filing IRS Form 8379. If you have not yet filed your joint tax return, complete your return and attach Form 8379 when you file it. Write Injured Spouse in the upper left corner of the first page of the return.
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Click Miscellaneous Topics Injured spouse relief. On the Injured Spouse - Summary screen, click + Add Form 8379 to create a new copy of the form, or click Edit to review a form already created (desktop program: click Review instead of Edit). Continue with the interview process to enter your information.
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.
If the IRS determines that your spouse filed the joint return intentionally and without your consent, they can face serious consequences. This can include hefty financial penalties and even imprisonment. The specific consequences will depend on the circumstances of the case.

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