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Form 8379 Injured Spouse

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Navigating Joint Finances with Form 8379 Injured Spouse

Form 8379, also known as the “Injured Spouse Allocation,” is a crucial IRS form designed to provide relief to spouses who have had their tax refunds seized due to the debts of their partner. It is designed for spouses facing a scenario where their share of a joint overpayment is redirected to address the other spouse’s overdue obligations. 


The “injured” spouse on a jointly filed tax return could file Form 8379 to regain their share of a joint refund that was seized to pay a past due obligation of the other spouse. These obligations might include past due federal tax, state tax, child support or federal non-tax debt (such as a student loan). The term “injured” refers to the negatively impacted spouse, who does not owe the debt. IRS Form 8379 is a tax form that can be filed to reclaim part of a tax refund that has been used to pay for overdue debt.

Filing Form 8379 offers several important benefits, including:

  1. Protecting the Financial Rights: Claiming a share of the tax refund may ensure that the hard earned money is not used to satisfy the spouse’s debts.

  2. Fair Allocation: Form 8379 allows the IRS to fairly allocate the refund between both spouses based on their individual tax contributions.

  3. Streamlined Process: Despite its complexity, filing Form 8379 is a straightforward process with the assistance of a qualified tax professional.

Dimov Tax & CPA Services is determined to assist you through all processes as filing Form 8379 requires careful attention to detail to ensure accuracy and expedite the process. Here’s a basic overview of the steps involved:

  1. Required documents should be gathered: All necessary tax documents, including your W-2s, 1099s and any other relevant forms should be collected.

  2. Form 8379 must be completed: All requested information on Form 8379 should be provided including personal details, income, deductions and credits.

  3. Supporting documents should be attached: Any supporting documentation that may strengthen the claim, such as proof of income or documentation of the spouse’s debts must be included.

  4. The form should be submitted: Form 8379 should be filed along with the tax return, either electronically or by mail, depending on the preference.

  5. IRS Review: The IRS would review the claim and notify of the decision regarding the allocation of the tax refund.


The timeline for receiving a tax refund with an injured spouse claim can vary depending on various factors as below:

  • The method of filing; 
  • The accuracy of the information provided; and 
  • The IRS’s processing times. 

Overall, the timeline for receiving a tax refund with an injured spouse claim can range from a few weeks to several months. It depends on the specific circumstances of the case and the efficiency of the filing process. Consulting with a tax professional would provide valuable guidance and support throughout the process.


Key Considerations in Form 8379

Some key considerations to keep in mind when dealing with Form 8379, the Injured Spouse Allocation could be listed as below:


  1. Eligibility: It should be determined if eligibility is met as an injured spouse. Typically, eligibility is established if the portion of a joint tax refund has been offset due to the spouse’s past due debts.

  2. Filing Status: Form 8379 is filed as an attachment to the joint tax return. It cannot be filed separately. Ensuring that Form 8379 is completed is important and attached when taxes are filed.

  3. Income Allocation: The IRS would calculate the share of the joint tax refund based on individual income, deductions and credits. This ensures a fair allocation of the refund between both spouses.

  4. Types of Debts: Form 8379 could be used to protect the portion of the refund from being used to satisfy various types of debts owed by the spouse. This includes federal or state taxes, child support, student loans or other federal debts.

  5. Documentation: All necessary documentation to support the claim must be gathered. Documents include proof of income, deductions and credits, as well as documentation of the spouse’s debts. This would help expedite the review process and increase the likelihood of approval.

  6. Review Process: Once Form 8379 is filled, the IRS will review the claim to determine the appropriate allocation of the tax refund. This process may take some time as indicated before. So, it is important to be patient and stay informed about the status of the claim.

  7. Professional Assistance: If you are unsure about how to complete Form 8379 or if you have questions about your eligibility, you should consider seeking assistance from qualified tax professionals. Dimov Tax can provide guidance and support to help you navigate the process effectively.

By keeping these key considerations in mind, it can be ensured that it was properly filed and the financial rights would be protected as an injured spouse. 

The form offers a lifeline for “injured” spouses, allowing them to protect their financial rights and secure their fair share of tax refunds. As Dimov Tax & CPA Services, we understand the complexities of Form 8379. Whether you need guidance on filing forms, resolving IRS issues or exploring tax relief options, we are here to assist you. Contact us today to discuss your tax needs and discover tailored solutions for a brighter financial future.

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