How to know what would be my refund amount after I file the injured spouse form 8379? Is there any refund calculator for injured spouse refund amount for each spouse?

[billa007]

30k my own income, 

spouse -0, 

12k each std deduction, 

2 dep, 

1500 withheld my own.

previous refund amount 8k which was all offset

Now what is my refund after I fill this form?

Is there a refund calculator?

[Rachel_W · Accepted solution]

There is no refund calculator to figure out the portion of the refund that belongs to the injured spouse; however, if the injured spouse earned all the money reported on the return, then the full refund will be allocated to them.

The IRS calculates the refund for the Injured Spouse as follows:

•The tax liability for each spouse is calculated as if they are filing separately

•The Injured Spouse’s tax liability is divided by the total tax liability

•This percentage is applied to the couple’s actual joint tax liability to get the Injured Spouse’s share of the tax

•Any withholding and estimated payments made by the Injured Spouse is subtracted from their share of the IRS calculated tax liability

[Aerorocker101]

So in my case I used standard deduction- married filing jointly which was 24000 and the refund was 8000 with child tax credit. With 8379 the standard deduction is now reduced to 12000 for each. Will the lower standard deduction result in a lower refund amount? Why I am asking this because there's still a chance for me to fill form 1040X and claim head of household and avail the 18000 standard deduction. I would like to see what option would give me maximum refund.

[Chadz1]

What happened with this? I’m in a similar boat and trying to decide if I should amend my return as head of household. @Aerorocker101 

[DoninGA]

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@Chadz1 wrote:

What happened with this? I’m in a similar boat and trying to decide if I should amend my return as head of household. @Aerorocker101 

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If you are legally married and living together you cannot have Head of Household filing status.  You can only file  as Married Filing Jointly or Married Filing Separately.  

[Chadz1]

@DoninGA ok. Well, another thing is that we have a carryover adoption credit ... if I end up having higher tax liability due to standard deduction being divided between my wife and myself then I could use more of the adoption carryover and still get my full refund. So, should I amend or just file the injured spouse form?  My wife has 0 income and I just want to figure out how to get the maximum amount of my refund back for me/for my family... 

[DoninGA]

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@Chadz1 wrote:

@DoninGA ok. Well, another thing is that we have a carryover adoption credit ... if I end up having higher tax liability due to standard deduction being divided between my wife and myself then I could use more of the adoption carryover and still get my full refund. So, should I amend or just file the injured spouse form?  My wife has 0 income and I just want to figure out how to get the maximum amount of my refund back for me/for my family... 

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File the Form 8379 Injured Spouse Allocation with your Married Filing Jointly tax return.  This should give you the best outcome.  If you have already filed jointly then complete the form and mail it to the IRS.

[Aerorocker101]

I ended up filing as a "head of household" and got more refund!

[Aerorocker101]

I did file as head of household, they allowed me and credited the refund as well!

[DMarkM1]

When you say "they allowed me" who is "they"?  The TurboTax program takes what you enter.  If you put in that you were not married as of 12/31/2019 then the head of household option will be available.  You could also say that you lived apart from your spouse for the last 6 mos of the year and maintained separate households; the head of household option could also be available in that situation.  So the program will allow what you put in.  You should be entering what the situation actually is.      

[Jspringett]

Please be aware that filing HOH status when legally married constitutes tax fraud.  If audited you will owe a ton of penalties and may be disallowed credits in the future.  I have seen it happen.

[Donaldhay]

How would you know about your injured spouse form

[Nat7783]

So if I have the unearned income the child credit and I am the sole provider my husband is not working had no money to claim and they end up taking my whole income tax applied it to his back child support and I did the injure spouse form how can I still get my income back for my income tax

[ErnieS0]

Yes. The purpose of the injured spouse for is to split everything on a joint income tax return so the IRS knows how much refund or tax due goes to you and your husband.

If there is an offset for back child support, the injured spouse form is supposed to protect your part of the refund. Generally it works.

The form does not show you and your husband's refund amount. However if your husband is not working and had no withholding, then the entire refund should go on your side.

[Pumehana7]

If my income is 31,000 and my husband is 49,000 and our federal refund is 10,000 and state is 900 how much will child support take of my tax refund. Will they take away from my kids tax credit if I have three kids and most of it is the child tax credit