OLT.com Customer Service Knowledge Base
Support Center > Knowledge base> Article: Can I file as an injured spouse?

Can I file as an injured spouse?

Article ID: 59330 Print
Question
Can I file as an injured spouse?

Answer

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.

You may be an injured spouse if you file a joint tax 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, child or spousal support, or a federal nontax debt, such as a student loan.

Note: Do not file Form 8379 for Innocent Spouse Relief. Instead, file Form 8857.

For more information, see Form 8379 instructions.


related articles

Article Details
Views: 2016 Created on: Jun 15, 2013
Date updated: Nov 11, 2021

Poor Outstanding