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mccolmlj
New Member

Do i need to file a separate injured spouse form for the state of colorado if i filed on my federal return

 
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4 Replies
DianeW
Expert Alumni

Do i need to file a separate injured spouse form for the state of colorado if i filed on my federal return

Yes. INJURED SPOUSE CLAIMS ON A JOINT REFUND THAT IS INTERCEPTED -When a refund is intercepted to pay a debt owed by one person on a jointly filed return, the “injured” spouse (person not in debt) can make a claim for their portion of the refund. 

Refunds are divided according to the income earned by each person of the jointly filed return. If you would like to make an injured spouse claim, you must make the claim in writing and include copies of the following documents:  

  • The letter sent advising you of the intercept; 
  • All W-2, W-2G, or any 1099 statements for you and your spouse; 
  • A complete copy of your federal income tax return, including all schedules; and 
  • IRS form 8379 for injured spouse claimed, if one was filed. 
Mail the claim to: Colorado Department of Revenue, Injured Spouse Desk Room 240, PO Box 17087,  Denver, CO 80217-0087 
  • Do not attach the injured spouse claim to your individual income tax return
  • It will not be reviewed unless mailed separately.

For more information you can click this hyperlink: CO General 17-Refund Interceptions

tmeleski
New Member

Do i need to file a separate injured spouse form for the state of colorado if i filed on my federal return

So i have to mail the IRS form 8379 separately from the listed items above to the same address? Or do i just keep the form on top of the packet and send one large envelope?
Bella2021
Returning Member

Do i need to file a separate injured spouse form for the state of colorado if i filed on my federal return

I E-filed both my federal and state of Colorado taxes on October 15, and filed form 8379. Per one of the TurBo tax CPA''s that's all I had to do. I just got a letter advising my state return has been intercepted and offset to pay my spouses debt. I went ahead and submitted all of the paperwork requested, both federal and state tax returns including form 8379 I originally filed today by mail. It's November 3. Is it still possible to get my tax return? I was the only one with income, so technically the whole return was mine. I'm really worried it was to late to subit my injured spouse form and besides sending the paperwork per the notice, I don't know who to contact? Who should I contact about checking on my injured spouse claim?

DianeW
Expert Alumni

Do i need to file a separate injured spouse form for the state of colorado if i filed on my federal return

@Bella2021- It was not too late and your refund should be released in full, based on your comments, once they have time to review the documents you submitted.

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