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Level 1

Can I file injured spouse after filing my federal return?

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?
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Level 1

Can I file injured spouse after filing my federal return?

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
2 Replies
Highlighted
Level 1

Can I file injured spouse after filing my federal return?

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
Level 4

Can I file injured spouse after filing my federal return?

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!