What is the injured spouse rule?

The “injured” spouse on a jointly-filed tax return can file Form 8379 to regain their share of a joint refund that was seized to pay a past-due obligation of the other spouse. The term “injured” refers to the negatively impacted spouse, who does not owe the debt.

Can you file an injured spouse form for the stimulus check?

If you filed a Form 8379, Injured Spouse Allocation in 2019 (or 2018, whichever was most recently filed), the IRS sent your portion of the CARES Act stimulus payment in late August, 2020. No action was needed to claim it. The IRS should have automatically delivered your portion at a later date.

How do I qualify for injured spouse relief?

You may be eligible for injured spouse provisions, if you file a joint tax return and all or part of your portion of the overpayment was applied or offset to your spouse’s legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt such as a student loan.

How long does injured spouse refund take 2020?

Generally: If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks. If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

Can I track my injured spouse claim?

If it’s been longer than the number of weeks mentioned above, you can call the IRS to check the status of it. You can also call the IRS tax refund hotline at 800-829-4477, Monday – Friday, 7:00 a.m. to 11:30 p.m.

How many years can you file 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.”

Will my injured spouse refund be direct deposited?

Yes, the Injured Spouse Allocation, Form 8379 can be paid through Direct Deposit only if you E-File the form with your Tax Return. If you send it in the mail after you have filed, you will most likely receive a paper check in the mail.

How do you file an injured spouse?

In order to claim injured spouse tax relief you will need to fill out and file IRS form 8379 for injured spouse allocation. You can file the form either electronically or by mail.

Where to mail an injured spouse form?

Write “Injured Spouse” in the upper left corner of the first page of the return. If you have already filed the joint return, complete Form 8379 and mail it to the IRS Center at which you filed your tax return. (If you lived in Maine when you filed the joint tax return, mail it to the Andover, MA service center.)

What is an injured spouse form?

An injured spouse form or forms are tax forms filed by a taxpayer’s spouse who has filed a joint tax return and has made an over payment in taxes, requesting a refund of the over payment being used in offsetting other past federal or state income tax obligations. The over payment can also be used to offset student loans and child/spousal support.

How do you file taxes as an injured spouse?

How to File an Injured Spouse Form. You can file form 8379 with your tax return or on its own. If you believe you’re an injured spouse, you can file the federal Form 8379 for each year you’re seeking relief. The form can be filed electronically or by mail, along with your tax return or on its own after you have filed your taxes.