Filed Injured Spouse Again and Should Not Have

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What is IRS Form 8379: Injured Spouse Allocation

Updated for Tax Year 2022 • October 16, 2022 05:45 AM

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OVERVIEW

The Internal Revenue Service (IRS) has the power to seize income tax refunds when a taxpayer owes certain debts, such as unpaid taxes or overdue child support. Sometimes, a married couple'due south joint tax refund will be seized because of a debt for which just one spouse is responsible. When that happens, the other spouse is said to be "injured" and can file Grade 8379 to go at to the lowest degree some of the refund.

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When revenue enhancement refunds might be seized

In general, federal tax refunds can be intercepted simply to pay debts to the government or to satisfy court-ordered support obligations for:

• Past-due federal taxes
• Past-due state taxes
• Debts owed to state unemployment bounty agencies, such as for overpaid benefits that a recipient had been ordered to render
• Unpaid child support
• Unpaid spousal support (alimony)
• Whatsoever other delinquent federal debt, such every bit a student loan

Injured spouses

The IRS can intercept the entire refund from a married couple's joint revenue enhancement return even if only one of the spouses was legally liable for the debt. This tin happen, for case, when i spouse owes child back up. The responsibleness for that debt is his alone, but his spouse will suffer—be "injured," in other words—when the IRS seizes the refund.

The same thing tin happen if one spouse has defaulted on a federal educatee loan for which only she is responsible for repayment, and the couple's refund is seized every bit a result. Grade 8379 essentially asks the IRS to release the injured spouse's portion of the refund.

Filling out the class

A couple tin can file Form 8379 forth with their joint tax render if they wait their refund to exist seized. Alternatively, the injured spouse can file it separately from the return if they find out after they file that a refund was seized. The class has 4 parts:

• Part I is a series of aye-or-no questions to make up one's mind whether someone really is an injured spouse and, if so, how to proceed
• Function Two provides data nigh the joint return that produced the refund in question
• Part 3 is for determining exactly how much of the refund is owing to the injured spouse and should exist released by the IRS
• Part Four is for utilise but if the class is being filed separately from a tax return; the injured spouse signs and dates this department

Injured vs. innocent spouses

Form 8379 is not for use by so-called innocent spouses. The terms "injured spouse" and "innocent spouse" are so frequently confused that the starting time folio of the Grade 8379 instructions specifically address the matter.

Innocent spouses are people who discover themselves facing dorsum taxes, civil penalties, and fifty-fifty criminal prosecution because of a fraudulent tax render filed past a spouse without their noesis. Innocent spouses tin can seek relief from the IRS by filing Grade 8857.

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