The IRS will determine whether you qualify for injured spouse relief based on your application Form 8379 independently of the processing of the seized refund, which is handled by the Department of Treasury's Bureau of the Fiscal Service (BFS). See IRS Tax Topic 203 for more information.
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.
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.
The IRS will calculate the amount of refund you can claim. If you live in a community property state, they divide the refund based on state community property law. See this IRS webpage and this TurboTax tips article for more information.
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