Taxes

[Turtlegirl74]

Me and my husband filed our taxes on 1-24-22 and got expected the same day. Looked at our transcript this morning on the IRS website and got the code 826 and 971. But it is still showing a balance of $2,800 I think that is the recovery rebate will we still get the 2,800 Andi plan on filing an injured spouse  claim would I need to wait until we get the money from the recovery rebate before I do the injured spouse claim.

[Cynthiad66]

@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.

[Turtlegirl74]

Thanks so much

[Turtlegirl74]

Would I need to go back on my TurboTax account and file the injured spouse form?

[Vanessa A]

Yes, you can go back into your TurboTax account to complete the injured spouse form. To get to the injured spouse form click the following:

• Federal
• Other Tax Situations
• Show More next to Other Tax Forms
• Start next to Report and Injured or Innocent spouse claim

[Turtlegirl74]

Would this stop or hold up the recovery rebate when I file the injured spouse form.

[JulieS]

Filing Form 8379 will not stop a refund that is ready to be issued. A better question is, are they really going to send your refund if your spouse has an outstanding debt and you have not filed Form 8379?

It does take a while for the IRS to process this form because the form needs to be processed manually by an IRS employee, who checks your allocations before approving the refund. 

As @Cynthiad66 pointed out, you should file Form 8379 as soon as you realize that part of your refund may be used to pay your spouse's debts. 

[Turtlegirl74]

Can I do the injured spouse form online and submit it to the IRS or would I have to print it of and mail it in?

[ThomasM125]

@Turtlegirl74 You would need to mail the injured spouse form in, unless you completed it and submitted it with your tax return form 1040 when you filed your taxes for the year.