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  • February 2015) Department Of The Treasury Internal Revenue Service Part I Injured Spouse Allocation

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3 Did (or will) the IRS use the joint overpayment to pay any of the following legally enforceable past-due debt(s) owed only by your spouse? (see instructions ).

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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.

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.

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

The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.

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.

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.

You can also call the IRS tax refund hotline at 800-829-4477, Monday - Friday, 7:00 a.m. to 11:30 p.m.

Injured spouse relief can help you get back your share of a federal tax refund that was reduced to pay your spouse's debts. Refunds on a joint tax return may be applied to overdue debts such as: Past-due child support. Debts to federal agencies.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232