Injured Spouse Refund Calculator
Use this when a joint refund was or will be offset for a debt legally owed only by your spouse. The IRS makes the final allocation.
Injured spouse is not innocent spouse relief
Injured spouse relief reclaims a refund share taken for the other spouse’s past-due federal tax, state tax, child support, unemployment compensation debt, or other federal nontax debt. Innocent spouse relief instead addresses joint-return tax caused by a spouse’s erroneous items.
Community property rules can materially change the allocation. The IRS applies state law and calculates the final refund, so a community-property result should be treated as a document-gathering estimate only.
Frequently asked questions
Which form claims injured spouse relief?
File Form 8379, Injured Spouse Allocation, with the joint return or separately after receiving an offset notice.
How long do I have to file Form 8379?
The Form 8379 instructions say you must file it within 3 years from the due date of the original return (including extensions) or within 2 years from the date you paid the tax that was later offset, whichever is later.
How long does Form 8379 take?
The IRS says a separately filed Form 8379 can take up to 8 weeks and may take longer when filed with the return.
Sources
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