An injured spouse claim allows a person to reclaim their share of a joint tax refund that has been seized in order to pay a past-due debt/obligation of their spouse. The “injured spouse” refers to the person filing the claim. In order to file to regain injured spouse tax money, the debt cannot be jointly owned. An example of such a debt might include past-due student loans acquired before the marriage.
How Do I Qualify for an Injured Tax Refund?
So how do you qualify for an injured spouse tax refund? You must meet the following qualifications:
- You cannot be legally liable for any of the debt(s) in question. (Usually, said debts need to be acquired by your spouse before marriage.)
- You must have contributed to the income reported on your joint return, whether through earned income, interest, or profits from investments.
- You must have also contributed toward the taxes paid on your return.
If you are interested in learning more about how to qualify, contact us today.
How Long Does It Take to Get a Refund From an Injured Spouse Claim?
The time it takes for the IRS injured spouse claim, or Form 8379, to process depends on several factors, including how you file the claim.
- Filing an injured spouse claim with a joint return electronically can take around 11 weeks to process.
- Filing Form 8379 with a joint return on paper can take around 14 weeks.
- Filing a claim after your joint return has been processed generally takes about 8 weeks.
How Do I File an Injured Spouse Claim?
Filing for taxes is hard enough without also needing to file for injured spouse taxes. To make an injured spouse claim, you will ultimately have to file IRS form 8379. If you haven’t filed your joint return yet, complete your return and then attach Form 8379 to it. If you have filed your joint return, you’ll need to mail the completed form to the correct IRS center.
However, if you want to ensure that you file correctly, ATM Tax Pro can help. We can work together to determine whether you qualify for injured spouse relief and ensure that you file your form correctly.
Contact us today to schedule an appointment!