If initial offset is less then refund will they deposit the refund less the offset until the injured spouse claim is processed? I efiled return but mailed in IS form.

[marjiemoricals]

Basically, our refund is xxxx and I have xxx in offset, will they send the difference until they process IS? Offset is mine and my husband is the only wage earner. I efiled the return but mailed in the IS form before they completed processing of the efiled return.

[Vanessa · Accepted solution]

Yes, if you are due a refund of $1000 but they have an offset of $750, you should receive the $250 and then when the Injured Spouse form is processed you will receive the rest. 

[marjiemoricals]

Is that the case even if they receive the IS form befor the completed processing the efiled return or will I end up waiting for them to complete the IS before any amount is refunded? We would of gotten half of the refund after the offset had we not filed the IS form.

[Vanessa]

Yes, "If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks."<a rel="nofollow" target="_blank" href="https://www.irs.gov/faqs/irs-procedures/injured-spouse/injured-spouse">https://www.irs.gov/faqs/irs-...>

[Critter]

Sorry ... but the IS form must now wait until they finished processing the original return ... you could not intercept the original return.  Once the original return has processed then and only then will they process the IS request and this takes up to 16 weeks to complete.  Next time file the IS with the tax return instead of after it.

[marjiemoricals]

So they will process the return as is, we will get the diff of refund less the offset and then receive balance once they process the IS or do I have to wait for the IS to complete before receiving anything?

[Vanessa]

They will process as is and then once the IS is processed you will get the difference

[marjiemoricals]

Thanks for clarifying that for me. That’s actually a relief, now could we contact them ask them not to process the IS? We are still getting a good chunk back and if we let the offset run through then it would eliminate any future offset. All of this was unknown to me until now. Sorry for the extra question

[Critter]

No, once you submit a form you cannot take it back.  When you get the refund you can simply pay off the debt yourself.