It can take us up to 8 weeks to process Form 8379 by itself and longer if you file it with your tax return. We calculate the amount of refund you can claim. If you lived in a community property state, we divide the refund based on state community property law. Not all debts can legally be taken out of a tax refund.
Claiming a refund If you file a return and claim a refund for a deceased taxpayer, you must be: A surviving spouse/RDP. A surviving relative. The sole beneficiary.
If you filed a joint federal income tax return, you must file a joint Michigan income tax return. If you and your spouse filed separate federal returns, you may file separate or joint Michigan returns.
Filing for someone else without their consent is possible to do, but it also illegal. You must sign your own tax return (there is an electronic ``signature'' for online filings). If your wife signed your return without your knowledge and consent, she committed fraud.
After you request relief It can take us up to 8 weeks to process Form 8379 by itself and longer if you file it with your tax return. We calculate the amount of refund you can claim. If you lived in a community property state, we divide the refund based on state community property law.
How Do You Check Injured Spouse Refund Status? If an injured spouse files Form 8379 and does not hear back, they can call the Bureau of Financial Services' TOP Center at 800-304-3107.
To be eligible, you must file a joint return or live in a community property state, owe additional taxes and penalties due to your spouse's actions, and show that you were unaware of the errors. Equitable relief and separation of liability relief are alternatives if you don't qualify for innocent spouse relief.
Time Needed To Process Form 8379 Generally, if you file Form 8379 with a joint return on paper, the time needed to process it is about 14 weeks (11 weeks if filed electronically). If you file Form 8379 by itself after a joint return has been processed, the time needed is about 8 weeks.
You may be eligible for injured spouse relief if: You filed a joint return with your spouse. Your tax refund was applied to your spouse's overdue debts. You weren't responsible for the debt.
The Income Allocation for Non-Obligated Spouse form (743) is automatically generated for mailing to taxpayers when one person on a jointly filed return is potentially liable for a debt. Due to tax laws, this form is not sent out in advance.