Yes. According to pages 1-2 of the IRS form instructions
under the headings, "specific instructions" and "line 5a",
"In community property states, overpayments are considered joint property
and are generally applied (offset) to legally owed past-due obligations of
either spouse. However, there are exceptions. The IRS will use each state's
rules to determine the amount, if any, that would be refundable to the injured
spouse." Please refer to the IRS
instructions for additional information. https://www.irs.gov/pub/irs-pdf/i8379.pdf
If you meet the requirements to file an injured spouse claim, then you can still file one even though you live in a community property state.
If you have already filed your tax return, you would need to complete the claim form in Turbo Tax
and then print it out and mail it to the IRS. Please refer to the following FAQ
and click on "what if I've already filed my tax
return?" for instructions on how to complete this form.https://ttlc.intuit.com/replies/3326788
In order to qualify to file as an injured spouse:
- You need to file
married filing jointly
- You cant have any
legal responsibility to pay your spouse's debt.
- You
would need to have earned income and/or taxable income that entitles you
to a tax refund. unless you or your children are eligible for and
claiming the American Opportunity tax credit. The American Opportunity tax
credit is a partially refundable tax credit that you can qualify for if
you are pursuing your first bachelor's degree and meet the requirements to
claim the credit. Please refer to the questions on page 1 of Form 8379 for
more information. https://www.irs.gov/pub/irs-pdf/f8379.pdf
- The debt has to be
subject to collection through the income tax return
Please refer to page 1 of the IRS instructions for Form
8379, under the heading, "are you an injured spouse?" to review
these requirements. https://www.irs.gov/pub/irs-pdf/i8379.pdf
Additionally, please refer to page
1 of the IRS form instructions under the heading, "where to file" for
additional clarification regarding the mailing address. https://www.irs.gov/pub/irs-pdf/i8379.pdf
You can send it certified mail or choose a similar
method where you can track when it's received by the IRS, if you would like to
have confirmation of the date that the IRS receives this form. However, injured spouse claims take
anywhere from 8 to 14 weeks depending on how you filed the claim. Please refer to page 1 of the IRS form instructions
under the heading, "time needed to process form 8379". https://www.irs.gov/pub/irs-pdf/i8379.pdf
