Cynthiad66
Expert Alumni

Deductions & credits

@Turtlegirl74 - No you do not have to wait until you receive the Recovery Rebate credit to file for Injured Spouse.  However, f you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

 

File Form 8379 when you become aware that all or part of your share of an overpayment was, or is expected to be, applied (offset) against your spouse's legally enforceable past-due obligations. You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded.

 

You must file Form 8379 within 3 years from the due date of the original return (including extensions) or within 2 years from the date you paid the tax that was later offset, whichever is later. Certain circumstances described in section 6511 may extend this period.

 

 

Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

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