Injured spouse tax question. Please help!?
Hi,
I’m looking for some in depth advice on my taxes. My husband and I did not file last year (2008) However we did file our 2009 taxes online, and then the day next sent in our 2008 taxes by mail. When we did do our 2008 taxes we calculated that we owed the IRS 1100 dollars, however our 2009 taxes we were expecting a return of roughly 6,000$ So we figured the IRS would take out what we owed them, plus all penalties and interest from our 2009 return.
However yesterday we received a statement from my Husband’s student loans saying they have garnished all of our 2009 return. (To be honest we were kinda expecting that, but we figured its not wasted if it’s paying off our debt) But what I’m really worried about is, what about our previous debt to the IRS? Are they now just going to send us a bill for 1100$ instead of garnishing it from our 2009 return?
And can anyone give me any advice on this so called "injured spouse" procedure I could do to try to gain my portion of the 2009 tax return. How long this might take before I actually receive it? and is the paperwork difficult.
Any sound advice would be greatly appreciated!
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A injured spouse form is for the spouse that has nothing to do with the other
spouse debt.
You will fill out the injured spouse form for your share of the return.
If you are required and refund it will take up to 8-14 weeks depending on how
soon they will get to it. But not before the 8 weeks.
The other spouse refund will be mailed and not direct deposit. The paper work
is not to hard to complete, I went through the same problem. My husband was
the injured spouse and not me. After filing my return it was sent so my debt.
Filled out an injured spouse form at the IRS took about 8 weeks for us to get
his share of the return.
After 8 weeks of sending off your injured spouse give the IRS a call and they will
tell you the mailing date of your refund.
your 2008 was filed so late it was not considered when the 2009 was processed
if you owed for 2008 you will be notified and at that time you might file a 1040X with the injured spouse form(in the 8000 series) to mitigate some of your debt
You filed your 2009 return too soon. It was processed before your 2008 return was and the IRS didn’t reckon that you owed anything from 2008 based upon the information that they had available, so the entire 2009 refund went to Sallie Mae.
It’s too late now, but what you should have done was send in your 2008 return and wait at least 2 months and THEN file your 2009 return. That way the 2009 refund would have been applied to the tax debt first, with the remainder going to Sallie Mae.
You can file Form 8379 after the fact and unless you live in CA, LA, or ID, you should do so immediately. Any portion of the refund that you are entitled to will then be applied against the 2008 debt and if anything remains, you will be paid that. Allow about 2 months for processing.