Quick Answer: Can The IRS Deny An Injured Spouse Claim?

How do I contact the IRS about an injured spouse?

If you need additional information on your Innocent Spouse Claim or on the Form 8857, Request for Innocent Spouse Relief, the toll free number is 1-855-851-2009..

What are the qualifications for injured spouse?

To qualify for an injured spouse claim, you must meet all three following conditions:You are not required to pay the past-due amount. … You reported income on the joint tax return. … You made and reported payments on the joint return.

Can injured spouse get earned income credit?

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 in Notice 797 or Additional Child Tax Credit on the joint return, and not be legally obligated to pay the debt of the spouse.

Can you file injured spouse if you didn’t work?

No, she cannot be an “injured spouse” if she has no income. The refundable credits are based on your earned income as well as your qualifying child, so they are not “her” credits or even partly her credits.

What does injured spouse relief allows?

Injured Spouse vs. Innocent Spouse. An injured spouse claim is for allocation of a refund of a joint refund while an innocent spouse claim is for relief or allocation of a joint and several liability reflected on a joint return.

What does injured spouse mean on taxes?

Understanding the Injured Spouse Tax Form An injured spouse is simply someone whose tax refund is used to cover the past-due debts of a spouse or ex-spouse. When married taxpayers file a joint return, each spouse has an interest in the jointly reported income and in the debt.

What does it mean your tax return is still being processed a refund date will be provided when available?

After the tax return has been Accepted by the IRS (meaning only that they received the return) it will be in the Processing mode until the tax refund has been Approved and then an Issue Date will be available on the IRS website.

Will an injured spouse get a stimulus check?

Those injured spouses do not need to take any action to get the money, according to the press release. The IRS will automatically issue the portion of the economic impact payment that was applied to the other spouse’s debt.

How long does injured spouse refund take 2020?

Generally: If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks. If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

Why is my injured spouse tax refund taking so long?

It depends. The IRS is taking longer to process returns but since you have the injured spouse, that typically takes up to 14 weeks to process during normal times. Since we are dealing with social distancing because of Covid-19, it may take a bit longer.

How many years can you file injured spouse?

Is there a limit to the number of years you can file an Injured Spouse form (8379) – due to an outstanding student loan? There is no limit to the number of year. The instructions for the form specifically state “You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded.”

How do you know if your injured spouse form was accepted?

If it’s been longer than the number of weeks mentioned above, you can call the IRS to check the status of it. You can also call the IRS tax refund hotline at 800-829-4477, Monday – Friday, 7:00 a.m. to 11:30 p.m.

How is the injured spouse refund calculated?

If the IRS has already taken your part of the tax refund, you can file Form 8379: Injured Spouse Claim and Allocation to get your part of the refund back as an injured spouse. The IRS will calculate how much of the refund belongs to you based on tax payments you made and your share of any credits.