Get Injured Spouse Claim - Taxhow

Can the IRS Deny an Injured Spouse Claim? Yes, the IRS may determine that someone filing Form 8379 is ineligible for an injured spouse allocation, or that they are not entitled to as much as they believe.

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.

The injured spouse's share of the overpayment is computed by subtracting that spouse's share of the joint liability, determined in ance 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.

Generally, if you file Form 8379, Injured Spouse Allocation, with the original joint return, the IRS will process it before an offset occurs.

We'll review your request and contact your spouse or former spouse to ask if they want to participate in the process. We may take up to 6 months or longer to review your request. While you wait, continue to file and pay your taxes as usual.

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.

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.

At least one exemption must be allocated to each spouse or the IRS will reject the return. Filing your return with Form 8379 will delay the processing of your Federal refund up to 11-14 weeks.