How is refund calculated for injured spouse?

The injured spouse's share of the overpayment is computed by subtracting that spouse's share of the joint liability, determined in accordance with the separate tax formula, from that spouse's contribution of credits toward the joint liability. The amount credited cannot exceed the amount of the joint overpayment.

How much do you get back with injured spouse?

Under state community property laws, 50% of a joint overpayment (except the earned income credit) is applied to non-federal tax debts such as child or spousal support, student loans, state unemployment compensation debts, or state income tax.

What does amount allocated to injured spouse mean?

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 long does it take to get your tax refund with injured spouse?

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.

How do I allocate income on injured spouse form?

The allocation instructions are as follows: The wages should be allocated to each spouse as shown on their W-2 forms. The taxes withheld must also be divided as shown on the W-2 forms. The Standard or Itemized deductions must be allocated so that the non-injured spouse would be able to file as if they were single.

Tax Refund Update | IRS Injured Spouse | Innocent Spouse

What is the IRS innocent spouse rule?

By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return.

What are the four types of innocent spouse relief?

These include Individual Shared Responsibility payments, business taxes, Trust Fund Recovery penalties for employment taxes, household employment taxes, and any other taxes deemed to exist outside of your relief.

How do I know if my injured spouse form was accepted?

If you filed the Form 8379 by itself after a joint return has been processed by the IRS, then processing will take about 8 weeks. If it's been longer than the number of weeks mentioned above, you can call the IRS to check the status of it.

What is the injured spouse rule?

You're an injured spouse if all or part of your share of a refund from a joint return was or will be applied against the separate past-due federal tax, state tax, child or spousal support, or federal non-tax debt (such as a student loan) owed by your spouse.

What does injured spouse relief allow?

What is an 'Injured Spouse' Claim? An injured spouse claim can help you get back your part of a tax refund from a joint tax return. It applies where the IRS has intercepted the refund to offset a debt owed by your spouse but not by you.

How long does it take to get injured spouse refund 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.

How do I file an injured spouse stimulus check?

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.

Why does injured spouse take so long?

Why does it take so long? Because injured spouse must be hand processed and anything hand processed in the IRS takes time - a lot of time.

Should I file injured spouse or married filing separately?

The injured spouse should file Form 8379 either with the married couple's jointly filed return (with "Injured Spouse" in the upper left corner), amended joint tax return, or by itself if the joint return has already been filed. A separate Form 8379 must be filed for each tax year.

Can you file injured spouse on TurboTax?

Hi, You can file an injured spouse claim in TurboTax. Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt. You must file jointly to use this form.

What is the difference between form 8379 and 8857?

Form 8379 can be e-filed. An innocent spouse (Form 8857, Request for Innocent Spouse Relief) is asking the IRS not to hold him or her liable for tax resulting from actions of the other spouse in a joint return. Form 8857 is not transmitted with an e-filed return but must be paper-filed separately.

Can the IRS take my refund if my husband owes back taxes?

If your spouse owes money to the IRS and you file jointly, you both become responsible for each other's taxes, penalties, debt, and levies. This means your tax refund can be put toward your spouse's back taxes, even if you weren't responsible for the debt that was incurred.

Can the IRS take my refund if my husband owes child support?

If your state child support enforcement office has reported your overdue child support to the Treasury Department, the IRS will take your tax refund to cover the arrears (often called a tax refund seizure). The IRS will then give the money to the appropriate child support agency.

How do I stop child support from taking my tax refund 2021?

There are several ways to stop the state and federal governments from taking your tax refunds including contacting your local Department of Child Support and Enforcement (DCSE) agency to file an appeal, setting up a payment plan for your delinquent payments, and requesting a hearing.

Can injured spouse be direct deposited?

Yes, you can receive direct deposit if you file Form 8379, Injured Spouse. The limitation associated with Form 8379 and direct deposit is the ability to split the return among multiple bank accounts.

Can I sue my ex for my stimulus check?

Did your spouse or ex-spouse take your COVID Economic Impact Payment in 2020? If so, you may be able to claim your economic impact payment (EIP) as a credit or refund on your 2020 federal tax return.

Do I have to give my ex my tax returns?

A: The answer is “maybe” and the first thing to review would be your existing court order. If it calls for production of tax returns, etc., then that is the controlling order. If not, she has no per se right to your financial documents, and the court rules state that a party has to ask to open post-trial discovery.

Who is responsible for IRS debt in a divorce?

If you filed tax returns jointly when married, both spouses are liable to the IRS. That means they can collect 100% of the debt (tax, penalties, and interest) from either spouse. This is true after divorce, even if the spouse that is obligated per the divorce decree, fails to pay.

What is the penalty for filing single when married?

People often ask us about the “penalty” for married filing separately. In reality, there's no tax penalty for the married filing separately tax status.