Can I file injured spouse after filing my federal return?

[queenbee43232]

I have filed my taxes and got a letter they were being taken due to my husbands student loan debt. Can I still file injured spouse after the fact?

[Fern · Accepted solution]

Yes, you can file form 8379 along with your original tax return or you can file it by itself after you are notified of an offset.

If you are filing Form 8379 by itself, it must show both spouses' social security numbers in the same order as they appeared on your income tax return. You, the "injured" spouse, must sign the form.

To get a copy of form 8379:

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

For more information:

https://www.irs.gov/uac/seven-facts-about-injured-spouse-relief

[InjuredSpouse]

how does the IRS determine how much of your return you get back after filing form 8379 for Injured Spouses? Will they notify you when they receive the form since it was sent after your taxes had already been offset? Or will they just send you what you are owed when they are finished processing the form? It's horrible trying to get someone on the phone to ask a simple question. I'm on hold right now as we speak and it's been 41 minutes. Thanks!

[Puckshooter]

Hello Everyone, I would like to know this as well 🙂

[JohnW222]

@InjuredSpouse

@Puckshooter

Once the IRS receives a Form 8379 that you’ve submitted after you’ve filed your return, it will make its own computation of the Injured Spouse Allocation based on the information you’ve provided on Form 8379.  So, the allocation that you’ve computed on Form 8379 won’t necessarily match the IRS’s computation.

The IRS will let you know if your Injured Spouse request has been approved once they process your Form 8379.

Generally, according to the IRS,

• If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks.
• If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks.
• If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

[Rachelcb89]

I live in Texas and I'm confused on how to split up the allocations and credits for the form.... it's a community state 

[DoninGA]

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@Rachelcb89 wrote:

I live in Texas and I'm confused on how to split up the allocations and credits for the form.... it's a community state 

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If you are filing as Married Filing Separately and living in a community property state, see this TurboTax support FAQ for information - https://ttlc.intuit.com/community/married/help/married-filing-separately-in-community-property-state...

[JohnW222]

@Rachelcb89

When you live in a community property state such as Texas that recognizes the marriage, special rules apply to the calculation of an injured spouse refund.

Please see Line 5a in the Instructions for Form 8379 (11/2019) for the best available guidance.

You'll notice that in the chart within the Line 5a text, there's guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse's separate tax liability specific to Texas, Revenue Ruling 2004-74, available at IRS.gov/IRB/2004-30_IRB#RR-2004-74.

For additional information, also see the TurboTax Help article Married filing separately in community property states and IRS Publication 555, Community Property.

[xmasbaby0]

@bryankray Do you have a tax question or did you just want to spend some time posting pure nonsense to an old thread in the user forum?