Injured spouse and stimulus payment

[Shadrake]

@Drie I saw a question asking if a person could file the injured spouse form for prior taxes. My answer is yes. Basically, If you have already filed your taxes for the current and prior year and you did not complete the injured spouse form. You will need to complete the form, attach your w2, and send it into IRS.  Same thing for State taxes if you pay and required to file. 

I always file the injured spouse form when I electronically file my federal taxes. As for the state taxes, you will have to send in the form separately. 

When it comes to this stimulus payment, it's all a waiting game. Yes, the notice I received states to file the form but I already did, I do this every year I file.   

[Shadrake]

@BreeStroh4   yes

[Shadrake]

@mattswife17  I keep seeing comments saying they spoke to someone at the child support office, they are telling people to file another one. 

[Drie]

@Shadrake Me too I file electronically as well

[TMarie918]

The child support office told me something similar but I think they are wrong based on the information on the IRS website that instructs us not to file a second injured spouse form, as it may add to the chaos and confusion and only prolong the process. I personally can't see the purpose in filing a duplicate form when I see clearly my form is attached and received when I filed via Turbo Tax in February this year. I figure a new injured spouse form could mean 11-14 MORE weeks of waiting as I am still waiting for my federal refund from taxes filed in February and now the stimulus payment. Another member here said the U.S. Treasury told her that when the IRS opens back up that they will be fixing it and processing all of the stimulus payments that had injured spouse forms filed with the taxes. The U.S. Treasury told me the IRS may open back up next week but no promises. 

[TMarie918]

I wouldn't file a duplicate form if they already have the original one. It may prolong the process even more.

[TMarie918]

It's based on 2019 tax year for those of us who filed taxes already. They only go by 2018 if you haven't filed for 2019. Either way, one injured spouse form should suffice based on the IRS website. Duplicate forms will only add to the chaos and make things take longer for everyone.

[TMarie918]

I always file IS for both Federal and State via TurboTax with my taxes. Federal takes 11-14 weeks to process it.

[TMarie918]

I'll be calling IRS next week to see if they are actually opening back up based on what the U.S Treasury told me.

[Mhulsey2506]

But what is on the irs site didn't happen. One payment was to me and one payment was sent to me and my spouse. So since my name was on both all of it got garnished. One payment should not be out to both parties no wonder both got garnished and I think your right It had to be a mess up because if we already filed they should have been able to see the injured spouse form approved

[TMarie918]

I do the same thing as you @Shadrake . I file Injured Spouse for both Federal and State at the time I file taxes electronically via TurboTax. I believe the instructions on the form are just automatically generated and that the part about filing Injured Spouse form 8379 is applicable only for those who haven't already done so. If they receive thousands of duplicate Injured Spouse forms it is going to just make the process take longer. Not the best move imo.

[TMarie918]

I would not go by what the child support office says. They do not care about us getting our money and are clueless. The IRS controls how the funds get dispersed. If form 8379 was already filed then they have it and the proof of that would be our personal copy of our taxes after we filed which shows the form 8379 attached and the fact it said our tax returns were accepted.

[TMarie918]

@Mhulsey68  It did not happen yet but they will be opening back up and will likely begin processing it then. They hold the money for up to 6 months before the child support office would see a dime of it so there is time to turn it around. One injured spouse form should suffice. Filing two is unlikely to change the outcome it'll just create more paperwork and chaos and could prolong the entire process. I was told the IRS may open up next week for calls so maybe we will all be able to speak with them soon.

[Aaqp0713]

I filed taxes for 2019 with injured spouse form and we have gotten our refund. The stimulus tool tells me we get stimulus check was to be deposited April15th. Got 2 different letters from treasury saying money went to spouses back a hold support. Why did they take mine to

[Drie]

@TMarie918 I am staying hopeful in the IRS that it will be fixed. And I am not filing another form. As, you said it is in our file and to me it will cause confusion. I filed in February and haven’t received my taxes or stimulus. So, I feel like when we receive our taxes I am hoping they will also see who didn’t receive stimulus due to this error and process at once. But if there is a wait I will be as patient as possible🙏