What is an ‘Injured Spouse’ Claim? An injured spouse claim can help you get back your part of a tax refund from a joint tax return. It applies where the IRS has intercepted the refund to offset a debt owed by your spouse but not by you.

How is the injured spouse refund calculated?

Is there any refund calculator for injured spouse refund amount for each spouse? There is no refund calculator to figure out the portion of the refund that belongs to the injured spouse; however, if the injured spouse earned all the money reported on the return, then the full refund will be allocated to them.

When does an injured spouse file a joint return?

You may be an injured spouse if you file a joint 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, state unemployment compensation debts, child support, or a federal nontax debt, such as a student loan.

When to file Form 8379 for an injured spouse?

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?

Can a spouse file an injured spouse claim?

For married couples that file joint returns, a debt reported under either Social Security number triggers an offset. If all or part of your portion of the refund was offset or expected to be offset for a debt your spouse owes, you can file an injured spouse claim to recover your share.

How long does it take to process an injured spouse claim?

If a legally enforceable debt is reported to the Treasury Offset Program, the IRS intercepts the tax refund to pay the debt or obligation. If you file a Form 8379, Injured Spouse Allocation, with a joint return, the processing time is 14 weeks if it’s a paper return and 11 weeks if filed electronically.