Injured Spouse Relief

Sad Couple Sitting On Couch After Having Quarrel

 

So you filed your tax return expecting a nice refund and then nothing comes back. You go to the IRS “Where’s my Refund?” website and find a note that says your refund was held because of a prior tax debt—but you don’t have one. Turns out your beloved spouse owed back taxes from before you were married. Is there anything you can do?

Yes, there is. You may be able to file for Injured Spouse Relief.

How do you know if you qualify as an injured spouse? First, you must have made and reported tax payments. That means you either had income tax withheld from wages or you made estimated tax payments, or you claimed a refundable tax credit like the Earned Income Tax credit. Second, you must not be legally obligated to pay the past-due amount. For example, you weren’t married to your spouse when he or she incurred the debt.

Are there any kinds of debt besides federal income tax that can cause my refund to be taken? Your refund can be taken for state income tax, child or spousal support, or federal student loans.

Note: if you live in a community property state, there are special rules. If you’re in one of those states, you’ll need to see IRS Pub 55.

If you filed a joint return and you are not responsible for your spouse’s debt, you may request your portion of the refund by filing the Injured Spouse Allocation form, Form 8379.

If you haven’t filed yet, you can submit form 8379 along with your tax return. If you’ve already filed and received a federal offset notification, you can submit a form 8379 by itself. You can e-file the 8379 when it’s submitted with a return. If you’re sending in a paper tax return (okay, you know you should be e-filing whenever possible) then you need to write “INJURED SPOUSE” at the top left corner of your 1040.

If you’re filing the 8379 by itself; make sure that you list both spouses’ social security numbers in the same order as they appeared on your income tax return. I know this sounds kind of silly but it’s really important to put the social security numbers in the right order. You might be thinking that the spouse that’s injured should have his/her name on the top, but put your names in the same order as on the tax return.

How Come the Injured Spouse Allocation Form doesn’t tell you  how much you’ll get back? Good question, but it doesn’t. The IRS will determine how much of your refund you will receive. Part of the issue is that allocation for couples from the community property states will be different from couples who aren’t in community property states.

How long will it take me to get my refund after I file an injured spouse claim? It’s going to be slower than a regular refund. If you e-file a form 8379 along with your federal return, it will take about 11 weeks to process. If you mail your return in your refund will take around 14 weeks. If your tax return was already file and you’re sending in an Injured Spouse Allocation by itself, expect the IRS to take about 8 weeks to process it.

Am I better off just filing separately? Sometimes, yes. But if you qualify for any of the tax credits that aren’t allowed to couples who file separately then the Injured Spouse Allocation is your best choice despite the delay to your refund.

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Here are some links that might help:

EIC questions of any kind:  http://www.irs.gov/Individuals/Earned-Income-Tax-Credit-(EITC)-%E2%80%93–Use-the-EITC-Assistant-to-Find-Out-if-You-Should-Claim-it.

How to find free tax preparers:  http://www.irs.gov/Individuals/Free-Tax-Return-Preparation-for-You-by-Volunteers

How to find your local IRS office:  http://www.irs.gov/uac/Contact-Your-Local-IRS-Office-1

571 thoughts on “Injured Spouse Relief

  1. @Sarah again,
    That just means that the IRS has accepted your return as being filed. You could probably start checking the “Where’s My Refund Site” by the time this posts.

  2. Hi Sarah,
    You should at least wait until you see the notice on Where’s My Refund that your refund is being held. Then mail in the 8359 form. I’d start filling out the paperwork now. Good luck.

  3. Hey Smiley,
    You’ve got a little problem but you can fix it. Without the injured spouse form your share of the refund will be used on your spouse’s debt. If your debt is offset again, complete the 8359 form and mail it in.

  4. Hi Christina,
    If you are talking about a tax return that you filed this year, you may amend it to married filing separate if you file the amendment before April 15th. When a spouse dies, you are considered married for the entire year. For most people, this is an advantage, but in your case, definitely not. Good luck.

  5. @Robert,
    I honestly don’t know. I do know that some returns have had problems with processing, but I think you filed after those. Most likely something snagged in the computer that required a human review. I don’t mean an audit–it could be anything. Three weeks for an injured spouse return is really fast–it seems more like it’s going to be more normal. You can be annoyed that your refund is held up. But don’t be worried–it’s pretty normal.

  6. Hi Wendy,
    Since you did not live with your husband for the last 6 months of the year (be prepared to prove it) then you may elect to file a head of household. Your husband would file as married filing separately.

  7. Hi Angel,
    I’ve never done an innocent spouse in a community property state so I think you should get a second opinion from someone other than me on that. I think that’s right–but I don’t have experience with it.
    If you are married and living with your spouse, your only two choices for filing a tax return is married filing jointly or married filing separately. If you’re living together, it’s illegal to claim head of household and considered fraud so don’t do that.
    Now, if you have kids–you can lose a lot of credits using married filing separately. If you don’t have kids–it’s not so bad. In some cases it doesn’t hurt you at all.
    If you file married filing separate–they do ask you for your spouse’s name and social security number–but the IRS will not take your refund to pay her debts.
    The only way you could use the head of household filing status would be if you and your wife lived apart for the last 6 months of the year and you had a child that you could claim as a dependent.

    Another solution to the problem is to settle the debt. I know, much easier said than done–but using the tax refund money to help pay it down will get rid of the debt sooner.

  8. Hi Shannon,
    Finding that your spouse has a back tax issue after you’ve already filed can be really annoying. I hope he’s “making it up” to you. The IRS doesn’t like to give out their formula for awarding “injured spouse” tax refunds. Generally I’ll run the returns as married filing separatlely and that’s been a pretty accurate determinaton. If you have no income–and no withholding–it’s not likely that you’ll get much if anything. But I’d file the injured spouse claim anyway, make sure that you attribute the children (if you have any) to you. Good luck.

  9. Also I filed on the 4th and all taxes were accepted on the 6th, if theyre accepted does it simply mean they recieved them or theyre done with them and im just waiting for the money to come thru?

  10. I have already filed my taxes electronicly, I know my husband owes back childsupport but did not know about the 8379 until after I had filed, Im on the fence about when to file it, Id like to get some of my refund back now, can i wait to get what im going to then file the 8379 for the more than 2k they will probably take?

  11. I file injured.spouse last year by mail this year I efiled them if didnt put injured spouse on my 1040 form will.that be a problem

  12. my spouse is deceased and the lady at hr block filed it as married filling jointly even though i didn’t want to. they took almost my entire return to pay his debt…can i still file for this. i have a child to care for alone and he hadn’t even received a paycheck since 2009

  13. I Efiled injured spouse last year and got my return back in like 3 weeks this year at first it said 14 feb on “wheres my refund” then it changed and said its being processed and I have to wait 6-11 weeks why is this happening this year but didnt last year?

  14. My husband and I filed a joint return by paper in August. I thought we were going to get $4500 back. My husband ended up owing $3500 in back taxes from when we wern’t even married. We called the offset hotline and he still has 2 more offsets attached to his SS# They still are “processing” our return and it has been over 5 1/2 months. Right now there is $1000 floating around after they paid off the back taxes. How do I find out what that will get applied to, and how long will it take. Can I file an injured spouse form even though I don’t work?

  15. my husband and i are been separate since may 2011, but were not legally divorce he also have a debt with the IRS wich i dont want to keep paying, i live in california and have 2 kids can i file head of household?? and if possible how married or single?? im trying to file with turbo tax and shows that if i havent live with my husb the last 6 months of the year i can file head of household but im not sure if i need to do it single, thanks 4 the help

  16. i live in california ( community state) my wife owns back taxes from before we got married so last year we file married filing separately, i been told these is the way to go because we live in a community state IRS will take my wife’s part plus half of mine TRUE or FALSE???? i know we will loose a lot of credits but seems like i will loose less money filing married separately, or can i file married head of household?? what are the special conditions for this?? and in the case i qualify to file married head of household i notice IRS still ask me for my spouse info (name, SS #) these means they still can get my money to pay my spouse debt?? if i file married heas of household, what the best filing status for my spouse?? thank you so much

  17. Hi Nate–
    I don’t believe that Block does the advanced refund payments any more. Why don’t you call them? Their number is 1 800 HRBLOCK.

  18. Thank you for responding. I was thinking the same also. Why should it take as long as the others if theres no offset to investigate like the others. I thought that was just my “wishful” thinking. Im just trying to get an exact estimate. Thank you agian for the advice.

  19. Hi Elaina,
    I honestly don’t know. I would have said call the IRS, but you did and got conflicting answers–some days are like that.
    My guess is that when the IRS computers see the “injured spouse” form that your return goes into a separate pile from the other returns. Hence–slow things down. But then–when it finds there is no offset–it comes back out of the “pile”.
    So–although I think your refund won’t be as fast as the regular returns, that it will be processed more quickly because there is no actual offset.
    That’s the best I’ve got, but it really is a guess. I’d keep on top of the “Where’s My Refund” botton on the IRS website–although don’t be surprised if you get a message that says you’ve been delayed because of the insured spouse claim.

  20. Im from Illinois. My husband and I thought I had an offset against my social security number so we filed injured spouse form with our taxes (electronically) Only to find out, there is NO offset. I called Treasury Offset Program hotline and nothing is showing up. We filed Jan.23rd 2012 and it was accepted on Jan. 26th. My question is, will this still cause a huge delay if there is NO offset? Any advice is helpful. I have called IRS and one person told me yes there will be a delay and the other said no, i should recieve my refund in 2-3 weeks.

  21. @Tanya–
    Now you’re just being logical! Remember, you are talking about the IRS!
    It’s going to take a couple of weeks longer than the regular returns. Here in Missouri–we are not a common law state, and the Missouri injured spouse seems to take much longer than the federal. I have one couple that just let’s Missouri keep it and they don’t even bother with the injured spouse anymore.

  22. I do not see why I have to wait so long. My husband does not work, so therefor he was no income. It is all mine anyway.

  23. So every year I have to file an injured spouse form due to my husband’s back child support. I have always lived in a community property state. This year we don’t live in a community property state. Will there be less time I have to wait for my refund because of this difference?

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  25. Hi Claryssa,
    Given the time line, I think you should have heard something by now. The quick and easy answer (which I’m guessing won’t work for you but I’m giving it just in case) is to check the Where’s My Refund Site at IRS.gov. Here’s the link:
    https://sa2.www4.irs.gov/irfof/lang/en/irfofgetstatus.jsp

    You’ll need the social security number for whoever is listed on the top of the return (either you or your husband), your filing status (MFJ), and the amount your refund is supposed to be. If your return has been received, there should be some sort of information as to what is going on. There’s always the possibility that your return was never received and you’ll know that too.

    My best guess is that it’s taking so long because you filed injured spouse. That’s supposed to take about 12 weeks to process but I’m hearing that’s it’s been longer–closer to 16. So it you filed injured spouse, that’s most likely the problem. (Check the where’s my refund anyway, because sometimes weird stuff happens to checks.)

    Because you are moving, I would definitely file a change of address form. It’s called an 8822, here’s a link for that: http://www.irs.gov/pub/irs-pdf/f8822.pdf
    If you’re expecting a check, you want the IRS to know how to find you. I would actually do the IRS change of address now, before you move. Your mom would hold the check for you if it went there. If you file the 8822 after you move, but haven’t received the check, you can almost guarantee that the check will go to your empty house, get sent back to the IRS, then they’d have to wait until the 8822 was processed before they actually sent it to you again. (At least that’s how my luck goes.)

    Good luck to both you and your husband.

  26. I have been waiting for since June for my tax return and I still have heard nothing. My husband is deploying in a month and Im moving back to my moms house. Does anyone know what Im suppose to do about receiving my check?

  27. This is for Kris,
    Yes Kris, you’re not alone. It’s not your fault, and it doesn’t mean that there’s anything wrong with your application. The IRS really can be that slow in processing Injured Spouse returns.
    In the future, you can consider filing as “married filing separately”–but only if it’s not going to hurt you too much financially. I know some people who file the injured souse on their federal, but not on their state–because their state doesn’t take their refund. (These tips could be worthless to you-sorry.)
    Good luck. Hope you get your refund soon.

  28. So it has been 18 weeks and still I have heard nothing. I have a taxpayer advocate now but still no results. The only thing I am being told is it’s processing. Has anyone else ever had to wait this long when filing injured spouse? This is my first time filing this method. Any feedback will be greatly appreciated.

  29. Me and my husband filed injured spouse for 2008 and 2009. (we are about to file 2010). We received both 08 and 09 back and they took all of mine and 50% of his. We live in Texas is that the reason they can take more than just mine? Also is there a difference between Injured Spouse and Innocent Spouse? If so can you explain….

    Thanks

  30. Update for Dawn,
    I was going over an injured spouse return and I noticed that if you divorced or separated from your husband since filing the return, there’s a check box where you can have the check issued in your name only. Only applies if you’re divorced or separated though. If you’re still together the check must come in both names.

  31. One more thing for Katw–
    Texas is a community property state. It does make a difference with the injured spouse return but you can still file for it. Don’t let that fact that you are from a community property state keep you from filing.

  32. Hi Katw,
    That’s a really good question. Technically, you shouldn’t be able to make a claim for any year prior to 2008–at least if you were amending a return. But you’re not amending you’re just filing the injured spouse form. According to the directions, you’re supposed to file the injured spouse form as soon as your learn that your refund was withheld. It’s a reasonable argument.
    I’ve never filed an injured spouse form that late before, so I don’t have actual experience there. My best guess is that you won’t win this one. On the other hand, for $2800, I’d send the form in anyway. (If you’re doing this yourself, you lose nothing–worst case scenario the IRS says, “No.” If you’ve got to pay someone to do it for you, the risk might not be worth it. Sorry.

  33. It’s a long story with a lot of background, but the gist is, I filed with my ex, they took my money to pay his back child support, this was for the 2006 tax year, I had NO CLUE I could file to get my portion of this (about $2,800 worth) is it too late for me to do this? I live in texas if that makes any difference.

  34. Hi Kris,
    You’re not alone. It’s more likely to take 16 weeks than the 12 you were told. This is not your fault and it definitely doesn’t mean that you’ve done anything wrong–the IRS is just busy. Since they told you 12 weeks, it’s perfectly acceptable to call them again (I would.) But don’t be surprised if you don’t see anything until September.

  35. I filed the injured spouse form after our taxes were offset for a debt my husband owed prior to us getting married. The IRS has had the form since May 4th. When I called to get some info on it I was advised that it would take up to 12 weeks, and that was it. At that time it had already been 10 weeks. As of wedensday it will be 13 weeks, and I still have not heard anything or received a letter or check. Is anyone else experiencing this? Does anyone know really how long it takes? Thanks in advance.

  36. Great question! Let’s get real, that’s your money. The IRS took your husband’s share of the money so the refund is yours. At least that’s what I would be telling your husband if I were you.

    What the IRS does though—- is when you’re married, it’s all together, so even though you are getting that money back because of your efforts, the check still gets written in both your names.

    Bottom line, you’re going to need his signature in order to cash that check. Sorry.

  37. I filed a injured spouse form after filing taxes due to my husband owed back taxes prior to our marriage. I just received the Federal tax back but it was made payable to both my husband and I. Why would it be made payable to both since I was filing injured spouse. The state sent the refund in my name only.

  38. Will I receive a letter saying whether or not I will be getting anything back?

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