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Video instructions and help with filling out and completing Injured spouse relief
Instructions and Help about Injured spouse relief
This lesson is about taxpayers filing as an injured spouse when a taxpayer is filing a joint return and one of the spouses has past due government debt obligations the spouse with out the past due debt may want to file as an injured spouse in order to do this we'll use form 8 3 7 9 and the injured spouse will receive their portion of the refund which otherwise would have been applied to the spouses debt so the spouse will still have their portion of the refund going towards their debt and the injured spouse will still receive their refund some examples of the government debt would be student loans child support may be they owe back taxes and any other type of federal debt the requirements for filing as an injured spouse it must be a joint return so we can't do married filing separately the spouse must have the past due government debt only one spouse is liable for the past due debt in some states this won't apply once people get married it's a joint property States and both spouses are automatically responsible for each other's debt in Ohio were able to file as injured spouses another rule you must have a refund due again if you owe money there's no point in filling it out because you won't be separating out a refund to go towards the amount due and the injured spouse must have earned income so with only the spouse with the past due debt has earned income you won't be able to file the injured spouse must have some type of earned income usually on a w-2 in order to file as an injured spouse we'll need to attach form 83-79 and fill it out properly we'll need to write injured spouse on the top left corner of the 1040 page 1 the return should this way but just double-check and you can also Eve aisle with the injured spouse so it should all go through properly on tax wisest end if we've filled out the 83-79 properly so make sure that we're reading all of the questions and answering them carefully right below on the bottom half of the screen here we can see a snapshot of what form 83-79 looks like and you'll just sit down with the taxpayer and answer all of these questions if they have filed injured spouse in the past it's also helpful if you can look at their last year's tax return to fill out this form as well other considerations you'll need to discuss with the taxpayer who wants to file injured spouse let them know that the refund will be delayed 11 to 14 weeks if you don't let them know this they may be calling the tax site within the next couple weeks trying to find out where their tax return is they are processed differently by the IRS so it does take a little longer for them to receive.