Submitting Injured Spouse Claims

It is common place that a large percentage of married couples prefer to file joint tax returns as this can lessen the total amount of tax which becomes payable but there can be a downside in doing so.

Even if there is only one wage earner, both spouses will be held responsible for the payment of any tax that becomes due.

Should there be outstanding amount due from tax payments in the past and a refund due to be paid to you is taken directly by the IRS to clear all or a partial amount of the debt then a spouse could become eligible for what is known as “injured spouse” relief which would see the entitled individual receive the money that is actually owed.

Could I be eligible for “injured spouse” relief?

Take a look at the following questions to see if you fall into these categories:

1. Have you ever filed a joint tax return to the IRS?
2. Do you have an annual income listed on the return?
3. Have the IRS taken any refund payments to clear outstanding debt relating to that of previously overdue taxes, a student loan or even child support that backdate to your spouse?
4. Have you previously made tax payments directly to the IRS, which has been purely estimated, or have you received an earned income credit or similar refundable credit on a joint return?
   

If you have answered yes to any or all of these questions then you may just be entitled to “innocent spouse” relief. To proceed with this, you will be required to submit an application, that of form 8379 is filed with the IRS for consideration but before commencing with this, we can advise you on whether or not such a claim can be made helping build an effective case that could lead to you receiving your legal share of any tax refund which becomes payable.