How to fill out form 8379 for stimulus relief? I've already filed my taxes and an injured spouse form but they still took mine and her's stimulus check.

[macuser_22]

If you filed then you can file a stand alone 8379.

form: https://www.irs.gov/pub/irs-pdf/f8379.pdf

instructions: https://www.irs.gov/pub/irs-pdf/i8379.pdf

It normally takes 14 weeks to process but the IRS is not processing mailed forms at all currently (just storing them) because of the shut down so probably much longer.

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**NOTE*** Due to the Corona virus the IRS is operating short staffed. All field offices are closed and some processing centers are all but closed. Any tax return that requires hand processing will probably have long delays. Mailed returns are not being processed at all at this time. Most phone service has been curtailed.
https://www.irs.gov/newsroom/irs-operations-during-covid-19-mission-critical-functions-continue
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[Lisa J]

They will take it because at the time they do not know yet we have filled injured spouse. They will see that and send the injured spouse their portion. Congress released something on this saying the injured spouse will get it but it will take up to 6 months. 

[angelferet]

How do you FILL IN the 8379 form??? It is for the tax return, NOT THE STIMULUS CHECK!! It requires tax return information...such as income, deductions, amount on return, allocated to injured spouse etc. as related to the tax return....NOT the stimulus check, so how do you fill in those areas in relation to the stimulus check???

[DawnC]

How do I file Form 8379, Injured Spouse Allocation?    TurboTax instructions

Form 8379 (PDF)

Instructions for Form 8379

REGARDING THE STIMULUS - SEE BELOW

If you are married filing jointly and you filed an injured spouse claim with your 2019 tax return (or 2018 tax return if you haven’t filed your 2019 tax return), half of the total Payment will be sent to each spouse and your spouse’s Payment will be offset only for past-due child support. There is no need to file another injured spouse claim for the Payment.

The IRS is aware that in some instances a portion of the payment sent to a spouse who filed an injured spouse claim with his or her 2019 tax return (or 2018 tax return if no 2019 tax return has been filed) has been offset by the non-injured spouse’s past-due child support. The IRS is working with the Bureau of Fiscal Service and the U.S. Department of Health and Human Services, Office of Child Support Enforcement, to resolve this issue as quickly as possible. If you filed an injured spouse claim with your return and are impacted by this issue, you do not need to take any action. The injured spouse will receive their unpaid half of the total payment when the issue is resolved. We apologize for any inconvenience this may have caused.

@angelferet

[chjord87]

I just sat on hold for 6.5 hours for an IRS worker to tell me that I do have to fill out and injured spouse form for the economic stimulus because both mine and my husband was offset for his arrears. I filed the form with my taxes and received those in March. I need the directions on how to fill the form out for the stimulus and not for taxes.

[DoninGA]

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@chjord87 wrote:

I just sat on hold for 6.5 hours for an IRS worker to tell me that I do have to fill out and injured spouse form for the economic stimulus because both mine and my husband was offset for his arrears. I filed the form with my taxes and received those in March. I need the directions on how to fill the form out for the stimulus and not for taxes.

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That information you received conflicts with the actual IRS website instructions that you do Not file another injured spouse Form 8379 for the stimulus payment.

Go to this IRS website - https://www.irs.gov/newsroom/why-the-economic-impact-payment-amount-could-be-different-than-anticipa...

Past-due child support was deducted from the payment

The Economic Impact Payment is offset only by past-due child support. The Bureau of the Fiscal Service will send the taxpayer a notice if an offset occurs.

For taxpayers who are married filing jointly and filed an injured spouse claim with their 2019 tax return (or 2018 tax return if they haven't filed the 2019 tax return), half of the total payment will be sent to each spouse. Only the payment of the spouse who owes past-due child support should be offset.

The IRS is aware that a portion of the payment sent to a spouse who filed an injured spouse claim with his or her 2019 tax return (or 2018 tax return if no 2019 tax return has been filed) may have been offset by the injured spouse's past-due child support. The IRS is working with the Bureau of Fiscal Service and the U.S. Department of Health and Human Services, Office of Child Support Enforcement, to resolve this issue as quickly as possible. If you filed an injured spouse claim with your return and are impacted by this issue, you do not need to take any action. The injured spouse will receive their unpaid half of the total payment when the issue is resolved. We apologize for the inconvenience this may have caused.

[chjord87]

Has any new information been released on when and how this is being fixed?? I have searched and not found anything.

[DoninGA]

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@chjord87 wrote:

Has any new information been released on when and how this is being fixed?? I have searched and not found anything.

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No, the only information available in shown in this thread directly above your message.

https://www.irs.gov/newsroom/why-the-economic-impact-payment-amount-could-be-different-than-anticipa...

[Carriejenks45]

I didn't work in 2019. Only filed for our stimulance check. All of it was taken for my husbands child support so I need to file for injured spouse. Form 8379 asks for income and everything. I assume I'm supposed to just put zip. But it doesn't ask anything about the stimulant check.

[JotikaT2]

Can you clarify what your question is?  

This will help us assist you.