- Asked by ashley.k.turner
You can file as Married Filing Jointly and submit the injured or innocent spouse claim with your return.
To submit the claim -
Go to Federal Taxes
Click on Other Tax Situations
Scroll down to Other Tax Forms
On Miscellaneous Tax Forms click the start button
On the next screen, On Report an injured or innocent spouse claim, click the start button
When you include the Injured Spouse form with your return it can take the IRS 11 to 14 weeks to process your return.
You can check with your State to see if they have a simaliar Injured Spouse Form.
If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.), the injured spouse relief may be different than in other states, see the following under Community Property Laws Disregarded:
- Federal Taxes tab (Home & Business - Personal tab)
- Other Tax Situations
- Other Tax Forms
- Miscellaneous Tax Forms, click Start
- Report an injured or innocent spouse claim
- Click Start
This may also help:
You may be an injured spouse if you file a joint tax return and all or part of your portion of a refund was, or is expected to be, applied to your spouse’s legally enforceable past due financial obligations.
Here are seven facts about claiming injured spouse relief:
1. To be considered an injured spouse; you must have paid federal income tax or claimed a refundable tax credit, such as the Earned Income Credit or Additional Child Tax Credit on the joint return, and not be legally obligated to pay the past-due debt.
2. Special rules apply in community property states. For more information about the factors used to determine whether you are subject to community property laws, see IRS Publication 555, Community Property.
3. If you filed a joint return and you're not responsible for the debt, but you are entitled to a portion of the refund, you may request your portion of the refund by filing Form 8379, Injured Spouse Allocation.
4. You may file form 8379 along with your original tax return or your may file it by itself after you receive an IRS notice about the offset.
5. You can file Form 8379 electronically. If you file a paper tax return you can include Form 8379 with your return, write "INJURED SPOUSE" at the top left of the Form 1040, 1040A or 1040EZ. IRS will process your allocation request before an offset occurs.
6. 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.
7. Do not use Form 8379 if you are claiming innocent spouse relief. Instead, file Form 8857, Request for Innocent Spouse Relief. This relief from a joint liability applies only in certain limited circumstances. However, in 2011 the IRS eliminated the two-year time limit that applies to certain relief requests. IRS Publication 971, Innocent Spouse Relief, explains who may qualify, and how to request this relief.
One other thing I learned last year after being on hold forever with the IRS is that even though it is "your" portion of the tax return it will be issued to both you and your husband so it must be deposited into a JOINT account. If you maintain separate accounts in your name only it will not process. Just wanted to bring this up so you are not frantically trying to add him to your accounts at the last minute like I was last year!
Is the injured spouse the one that owes the debt or the one that doesn't have debt?!
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