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What are the requirements to file injured spouse?

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.

When can I use injured spouse?

You may be an injured spouse if you file a joint return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, state unemployment compensation debts, child support, or a federal nontax debt, such as a ...

Who is considered the injured spouse?

The "injured spouse" on Form 8379 refers to a spouse who has been affected by the application of a joint tax refund to offset their spouse's debts. Because they have been financially harmed ("injured") by this use of the refund, that spouse is able to reclaim their share of the refund from the IRS.

When can you claim injured spouse?

You may be an injured spouse if you file a joint return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, state unemployment compensation debts, child support, or a federal nontax debt, such as a ...

How many years can you claim injured spouse?

Is there a limit to the number of years you can file an Injured Spouse form (8379) - due to an outstanding student loan? There is no limit to the number of year. The instructions for the form specifically state "You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded."

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