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Dec 14, 2023 · You may be eligible for injured spouse relief if: You filed a joint return with your spouse. Your tax refund was applied to your spouse's overdue debts. You weren't responsible for the debt. Married persons who file separate returns in community property states may also qualify for relief. See Community property laws for more information.
Complete Part I to determine if you are an injured spouse. Innocent Spouse Relief Don’t file Form 8379 if you are claiming innocent spouse relief. Instead, file Form 8857. Generally, both spouses are TIP responsible for paying the full amount of tax, interest, and penalties due related to your joint return. However, if you
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Dec 21, 2021 · You’re an injured spouse if your share of the refund on your joint tax return was (or is expected to be) applied against a separate past-due debt that belongs just to your spouse, with whom you filed the joint return. This can be a federal debt, state income tax debt, state unemployment compensation debt, or child or spousal support payments.
Oct 19, 2023 · The IRS can intercept the entire refund from a married couple's joint tax return even if only one of the spouses was legally liable for the debt. This can happen, for example, when one spouse owes child support. The responsibility for that debt is his alone, but his spouse will suffer—be "injured," in other words—when the IRS seizes the refund.
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