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What qualifies as 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.

How many years back can you file injured spouse?

Note: You must request innocent spouse relief or separation of liability relief no later than 2 years after the date the IRS first attempted to collect the tax from you.

How do I file injured spouse with IRS?

Form to File To seek innocent spouse relief, separation of liability relief, or equitable relief, you should submit to the IRS a completed Form 8857, Request for Innocent Spouse Relief or a written statement containing the same information required on Form 8857, which you sign under penalties of perjury.

How does IRS determine 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. This means that the debt is one which your spouse incurred before you got married or that the debt is one for which only your spouse is liable.

Can injured spouse claim be denied?

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.

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When can I file Injured spouse form 2022?

The reason is, the Injured Spouse form ( Form 8379) will not be available to e-file or print until March 17, 2022. Once the form has been approved by the IRS, you can then file.

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 ...

Is the IRS processing injured spouse forms?

Generally, if you file Form 8379, Injured Spouse Allocation, with the original joint return, the IRS will process it before an offset occurs.

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."

How long does injured spouse refund take 2022?

If an injured spouse files Form 8379 along with the couple's 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.

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