Where is my injured spouse refund

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Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors. The "injured" spouse on a jointly-filed tax return can file Form 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.

Typically, spouses are jointly responsible for a tax obligation so an injured spouse should file Form when they become aware that all or part of a share of a refund was, or is expected to be, applied against their spouse's legally enforceable past-due obligations.

If a spouse has fallen behind on child support payments, alimony, federal or state taxes, federal non-tax debt such as student loans, or certain unemployment compensation debt, then the Department of Treasury is authorized to take a taxpayer's refund and apply it toward the past-due debt. By filling out Form , the injured spouse is requesting that the Internal Revenue Service IRS release their share of a joint tax refund. To be eligible to file Form an "injured" spouse must have reported income included in the joint return in which a refund was garnished.

Form can be filed with a joint tax return, amended joint tax return Form X , or it can be filed afterward by itself. An injured spouse form is only filed with Form X: Amended U. Individual Income Tax Return if a spouse is amending an original return to claim a joint refund.

An injured spouse form must be filed for each year the taxpayer wants their portion of any offset refunded. If a couple files their return knowing any refund might be seized, the injured spouse can file the form with the joint tax return or file separately. To qualify for an injured spouse claim, you must meet all three following conditions:. In general, your share of a refund consists of the payments you made plus a pro-rated portion of any refundable credits.

If you had federal income tax withheld from your paycheck or if you made estimated tax payments on your self-employment income , the portion of the joint refund represented by those payments will be included in your share. Any additional child tax credits will also be included in your share. Any earned income tax credit will be apportioned between you and your spouse based on each person's contribution to the joint adjusted gross income. If an agency notifies either you or your spouse that your tax refund will be withheld to pay your spouse's debt, you may file the injured spouse claim with your joint tax return.

Complete Form and attach it to your next tax return. The inclusion of Form on a tax return will not prevent electronic filing of that return. If you received no notice in advance of the interception of the refund, then you may file Form as soon as you know the refund has been intercepted. Innocent Spouse Relief and Equitable Relief two other forms of tax relief where a spouse or ex-spouse has caused a tax liability, you are not at fault, and collecting from you would be unfair.

Guide to Legal Help. What is an 'Injured Spouse' Claim? How do I qualify for an Injured Spouse Claim? How does the IRS determine my share of the refund amount? How do I request an Injured Spouse Claim?