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adamhan80
New Member

Innocent spouse or injured spouse relief form?

last year my refund was taken to pay for a student loan my wife had before we got married. I had to file an injured spouse relief form in order to get my refund back. This year i would like to file the appropriate form with my tax return. what should i do.
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1 Reply
DanielV01
Expert Alumni

Innocent spouse or injured spouse relief form?

Injured spouse if the debt is still being offset.  First, you can call the following phone number to see if the refund will be taken (offset) to pay the debt:  800-304-3107 (it’s an automated system that asks you to input answers to several ID questions.  You will use your wife's information for that. Then it says if there is a debt the IRS can use the refund to pay).  If the answer is yes, and you wish to get a portion of your refund, file Form 8379, entitled Injured Spouse Allocation.  See the following link for more details:  https://www.irs.gov/uac/form-8379-injured-spouse-allocation

Although the idea of the form is that you get the portion of the refund based on your income and credits, only the IRS can determine what that amount (if any) will be.  A return with this form must be mailed in.

If the answer is no, then you may file a joint return as normal to receive the entire refund.

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