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Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.

Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

Are You an Injured Spouse?

You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan.

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Q: How do you file as an injured spouse on taxes?
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Related questions

Can a nonobligated spouse's federal taxes be offset due the other spouse indebted child support?

No. The spouse should file an "injured spouse" form with the IRS.


Your ex-husband is responsible for the back taxes and you have the divorce decree to prove it but if you file your taxes the IRS will take your because he is not paying what can you do about this?

File injured spouse forms to separate your tax liability from his.


Is it legal for your spouse's taxes to be ceased when you owe back child support?

"seized" ... Your spouse should file an Injured Spouse form w/the IRS to recover his/her share of the tax refund.


If a man and woman are married but separated and the husband hasn't paid taxes for 3 years will the wife be responsible for owed taxes?

You need to file a Injured spouse form. This would be done by the party who belives they are not liable.


Can I file myspouse were unmarried on your taxes as dependent He is on childsupport for a 1 yr old and we have 2 He is in school fulltime and imthe headofhousehold Will i get all my return back?

You need to file an injured spouse form. see links


How long to get taxes back if you do direct deposit injured spouse?

Go to the injured spouse group on facebook. we are all in the same boat no tax professionals just other injured spouses waiting to get returns


Can you file taxes with your spouse even if you are not married?

Spouse = married. Can't have one without the other.


Does your taxes get taken when you file jointly with your unemployed wife if she owns back child support?

Yes. The entire refund amount will be seized by the IRS and allocated to the appropriate state child enforcement agency. If the non obligated spouse qualifies as an "injured spouse" under IRS regulations they are entitled to their share of the refund. The non obligated spouse should file form F8379 with supporting documents. Generally the IRS will schedule an interview to detemine if the injured spouse claim is valid.


If your spouse is in prison what should your filing status be when filing taxes?

My mom has a w2 for spouse how is in prision how can she file tn taxes she has always filed joint


If you are in default on your student loan and you file taxes with your husband can they still take your tax returns?

Yes, and an injured spouse can have their portion of the offset tax refund given back to them. Keep in mind that you are legally obligated to file your taxes even if you expect to have your refund offset. Contact the IRS for more information.


What happens if you have a state garnishment from you job that you are paying and you file your taxes Do the just take the state taxes or do they take your federal taxes if you are in a poverty level?

It depends on what is owed. For instance if you owe back child support they will take what is owed in arrears out of your federal return. This can also happen with a government school loan that is in default and other government debts. However, if you are married filing jointly then there is a form the spouse can file with your tax return that allows the spouse to receive his or her portion of the refund. It is called an injured spouse claim.


How can you stop child support from taking your fed taxes?

If your Spouse is Injured or you are You may Qualify for a Injured Spouse File through Your Tax return, Then You cant get your money taken. H&R Block just did it for me and My Wife . They cannot touch our refund Cause my Wife is Injured for the rest of her life so By filing Injured spouse that is stating She needs all the money due to her Injury. Call H&R Block they will confirm it. Im Behind a little on Support and We filed Injured Spouse and They didnt take a single dime..Atleast Im Using some of the refund to catch up though.... **SEE BELOW** "Injured spouse" does not refer to a disability. The spouse is "injured" when a Federal income tax refund is intercepted due to a debt owed by the other joint filer. The injured spouse can get his/her part of the refund back.