Can I Track My Injured Spouse Claim?

What does filing injured spouse mean?

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.

These obligations might include past-due federal tax, state tax, child support, or federal non-tax debt (such as a student loan)..

Can injured spouse get earned income credit?

To be considered an injured spouse, you must have paid federal income tax or claimed a refundable tax credit, such as the Earned Income Credit in Notice 797 or Additional Child Tax Credit on the joint return, and not be legally obligated to pay the debt of the spouse.

What does injured spouse relief allow?

Injured Spouse vs. Innocent Spouse. An injured spouse claim is for allocation of a refund of a joint refund while an innocent spouse claim is for relief or allocation of a joint and several liability reflected on a joint return.

How long does it take to process an injured spouse claim?

about 14 weeksWaiting to hear back if you qualify for injured spouse relief requires some patience. Generally, if you file Form 8379 with a joint return on paper, the processing time is about 14 weeks. If you file electronically, processing is reduced to about 11 weeks.

Who can file injured spouse on taxes?

Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

When should you file separately if married?

So filing separately is a good idea from a tax savings standpoint only when one spouse’s deductions are large enough to make up for the second spouse’s lost deduction amount. Filing separately even though you are married may be better for your unique financial situation.

Can the IRS deny an injured spouse claim?

You can file an Injured Spouse claim after you file your tax return. … The IRS recommends allowing 14 weeks for Form 8379, Injured Spouse Allocation, to process. The IRS will notify you by letter of acceptance or denial. If you are denied Injured Spouse relief, the IRS will give you 30 days to appeal the decision.

How do I contact the IRS about an injured spouse?

If you need additional information on your Innocent Spouse Claim or on the Form 8857, Request for Innocent Spouse Relief, the toll free number is 1-855-851-2009.

Why is my injured spouse tax refund taking so long?

It depends. The IRS is taking longer to process returns but since you have the injured spouse, that typically takes up to 14 weeks to process during normal times.

How long does it take to get injured spouse refund 2020?

about 11 weeksGenerally: 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.

Can you file injured spouse if you didn’t work?

No, she cannot be an “injured spouse” if she has no income. The refundable credits are based on your earned income as well as your qualifying child, so they are not “her” credits or even partly her credits.

How many times 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.”

What does still being processed mean?

If you are seeing this refund status “still being processed” it means the IRS can no longer guarantee your refund within the 21 day time frame. … If the IRS can not correct the issue and they need further information you will receive a letter by US Mail explaining what is going on with your tax return.

How does IRS calculate injured spouse refund?

If the IRS has already taken your part of the tax refund, you can file Form 8379: Injured Spouse Claim and Allocation to get your part of the refund back as an injured spouse. The IRS will calculate how much of the refund belongs to you based on tax payments you made and your share of any credits.