How long does it take to process a form 8379? That was the question I asked this year back in February. I also asked how is a tax refund
treated when form 8379 has been filed? I got many answers from experienced tax filers.
So, the IRS states that it taxes 11 weeks to process a return if file electronically with form 8379. Then 14 weeks to process are return with form 8379 if mailed. You are only concerned about the process it takes if you actually had to file this form.
Why would you file form 8379? Well, if you are married and your spouse has past due obligations that have affected their tax refund
then in order for you to get you part of the funds, you can file form 8379 and the IRS will give the injured spouse their portion of the refund. The other part will go toward the obligations.
My first question was, does it really take 11 weeks to process if it is file electronically. Some of the answers that I received stated:
· I mailed my injured spouse form after filing my return by e-file and it took exactly 2 months to receive my tax refund
check.
· Last year, the time frame degraded to 16 weeks.
· Yes, it takes that long. I filed my brother’s last year and it took that long.
Then when asked if you file form 8379, where you happy with the amount that were refunded back to you, was it fair? Some answers I received were:
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No, I have never e-filed a injured spouse form. I have always mailed mine in after I filed my tax return (because then it only takes about 8 weeks to be processed)than if you file it with the tax refund
it takes about 11-14 weeks to be processed
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Yes, I was very pleased with the results because I always got all of my tax refund
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We did last year. We filed taxes last year and then sent in the 8379 on May 12th. We finally received the refund the first week of September. We were very happy with the amount received, but the time it took and the runaround made us weary. It is a great service, I am fighting about my student loan because it has been paid but they are still showing an outstanding amount. Still this year it isn’t resolved, hopefully by next year it will be. This year we filed the 8379 electronically with our return so here is hoping that it will be much quicker.
Well based on experience I can tell you the most honest way to file your taxes when a spouse have a past obligation that may affect your return such as, defaulted student loan, child support, taxes owe to IRS, or something along that line is to file as married filing jointly and submit a form 8379 with your return.
From experience the processing time for 2009 when a return was file electronically was 8 weeks to receive the tax refund check in hand. So, the processing took approximately 7 and the check was mailed putting it in hand by that 8th week. The IRS sites stated for a while that there has been a delay in processing and please call them and reference code 1201 when speaking with and representative. Like I said it said that it takes up to 11 weeks to process if filed electronically and up to 14 weeks to process if mailed.
As far as the results as to the tax refund, the refund was split down the middle. Even though one spouse worked all year long while the other may not have had a job it still was split equally.
Be sure to use Turbo Tax for all of you tax filing purposes! I prepared many returns this year for friends and family and I always used turbo tax. So, as I experience different situations with different individual, I will continue to share the experiences.
Helpful websites:
Go here to check the status of your refund by selecting “Where is my refund”. You must have at hand your social security number, your filling status and the exact amount of your refund.
Scridb filter
What is the mailing address to mail form 8379 after you have filed your taxes?
If by itself after you filed your original joint return on paper then to the same Internal Revenue Service Center where you filed your original return.
If by itself after you filed your original joint return electronically then to the Internal Revenue Service Center for the area where you live.
With an amended return (Form 1040X) or other subsequent return then to the Internal Revenue ServiceCenter for the area where you live.
Here is a link to find your local Internal Revenue Service center: http://www.irs.gov/file/content/0,,id=105693,00.html
I hope this is what you are needing. Thanks for visiting my site!
TaWana Stegall
A word to everyone that read this post:
The IRS stated that the return was still processing weeks after the check had been received. So, just because you see still processing please call and refer to reference code 1201 does not mean that they have not processed your return.
I take it that there sites are not updated on a daily basis. So please don’t totally put your trust in “where is my refund” to give you the full status on when you will receive your tax return.
Also, this specific tax return was asked to be direct deposited and a check was still received. So, even though you requested a direct deposit when you completed your tax return doesn’t mean you will necessarily see a direct deposit. You could very well possibly receive a check and more than likely if you filed form 8379 with your return, you will get a check.
Things will work in your favor! Don’t sweat it!
TaWana Stegall
Thanks for visiting my site!
I pray that you have gain very well needed information =)
Unfortunately, the Where’s My Refund site won’t work if someone filed Injured Spouse. Once it “processes” with the IRS, if injured spouse is involved, it moves on to a human in the injured spouse division. Also, if your injured spouse refund is more than $2,000 it can only be issued in a check form, so don’t expect a direct deposit if this is the case.
my wife filed an 8379 in March and the IRS got it in April. in June she got a letter that said she needed to send another 8379 with a W2. the letter was dated May 20th and she got it in June. it said she had 30 days to comply. she faxed it in on June 6th.they took all of it on the 12th before the 30 days compliance? we got the Injured spouse last year so what’s the deal now?
You can call the IRS and see what happened to the return. Are you sure your wife did not have a debt that would have caused the IRS to withhold her refund as well? I would suggest that you contact the IRS for an explanation. Make sure that they received your form for the current year. It should not be too late to file a form 8379. You can file it after the fact and the IRS will still issue a refund.
Make sure you contact the IRS.
Thanks-
TaWana S.
yeah, she’s in the process of talking to a tax advocate right now. she said she’ll call the IRS Monday since the tax advocate hasn’t gotten back to her yet.all her Federal debts are paid so that leaves just me. can we still get the refund back even though they took it out? she’s sent in 2 8379 already.
thanks for the quick reply btw!
I’ve been interested in taxes for longer then I care to admit, both on the private side (all my working life-time!!) and from a legal standpoint since passing the bar and following tax law. I’ve provided a lot of advice and righted a lot of wrongs, and I must say that what you’ve posted makes complete sense. Please carry on the good work – the more individuals know the better they’ll be armed to deal with the tax man, and that’s what it’s all about.
Can you explain how to fill out the Injured Spouse form? My spouse didn’t work last year, so I was the sole provider for our family. I’m under the impression you just split everything 50/50 on the form. Is that correct?
I am curious how the injured spouse claim affects our 4 children. I am a SAHM that goes to school full time. We have 4 children between us and I go to school full time. My income is less than 15k this year, will I still be able to get anything back or should I just let it all go?
When I filed an insured spouse claim last year my I had worked the entire year of 2008 and and my husband did not. He was out of work and I was the one who was the injured spouse. I thought maybe since I made the income that I would get all of the return back. The IRS still split the return down the middle. Exactly down the middle, they applied half of the return to his obligation and they sent me a check for the other half. The status on the IRS website never changed and the number they tell you to call, I called it. The only thing that the IRS tell you is that it takes up to 8 weeks to process an eletronic return and up to 14 weeks to process a paper filed returned.
If you worked and made atleast 3,000 you have to file a return whether you get something back or not. The IRS will penalize you if you do not file a return and if you don’t file and owe it will charge interest. if you are a full time student, make sure you get your the form that states how much they received on your behalf and claim that on your taxes. That will help a good bit!
Good luck =)
TaWana S.
I used Turbo Tax .. Click on the Free file. I will walk you through it. A lot of people think you have to pay for Turbo Tax but you don’t under certain income requirements.
So start witht he Free File link. When it gets down to special form, select the injured spouse form and make sure you that you just answer the questions as stated. Its really self-explanatory.
I have had to process with the injured spouse form since I married my husband. Our refund was not split down the middle…it was based on the income and expenses we each paid for percentage wise. I also got the complete credit for each of our children; that did not go to his debt. Also, our return WAS deposited electronically. All totaled, it took about 7 weeks.
I filed an injured spouse form last year and they did not calculate the return appropriately. They should only be taking the portion of the taxes that would have been returned to the non-injured spouse. (Ours wasn’t split down the middle, I’m still not sure how they arrived at the number they did.) I called them and they filed an ‘appeal’ to have it recalculated and sure enough another check was issued to me for the remained owed to me. Unless you live in a community property state they shouldn’t be simply dividing your refund in half. Call the the number on the letter they send (about offsetting your spouses debt with his/her tax refund)/
Update: they messed up this year’s return too. They offset the amount that should have been returned and returned the amount that should have been offset. I’m in the process of filing an appeal now. I called and on the third try I got ahold of someone helpful and it should be moving along towards being resolved.
The irs took our tax rebate in 2007 and 2008. This year I’m filing injured spouse form 8379 along with my taxes. Can i still file to be reimbursed for the 2007 and 2008 years…and ifso, do i do it the same way…thx
I believe you should submit the form for the previous tax years. You for each year. You don’t have to submit the form with your return, just as long as you send the form in. Your return should not have to be amended. Just file the form for each tax year
More than likely they will process it and send you a check. Then the other party will be responsible for paying back the money to the IRS. Good luck =)
TaWana
Tanya,
I pray that all works out for you. Thank you so much for sharing your experiences. You just don’t know; It is helping a lot of people! Thanks for your contribution to the post.
TaWana S.
Many of you say that you have contacted the IRS and spoken to a person!! I keep getting directed to the standard where’s my refund status line and all it tells me is my refund has been offset. No duh??!! I filed my 8379 mid Feb. And I have no idea where it is at or if they even received it. Who can I call to check status and find out where the processing is at? Website tells me the same thing. I want to speak to a human preferably in injured spouses dept.
My husband and I filed our taxes before the last week of January 2010…we knew that I needed to include the injured spouse form so I filled it out and included it along with injured spouse indicated on the upper left hand of the first page. We still do not have our refund and have no indication of when we will receive it. We are being told that it is being processed and to call back in three weeks. This is our down payment on a home for the two children that we have adopted from foster care and now we have missed out on the homebuyers credit that we might have received. We have been at Reference code 1201 for almost two months now.
I dispise the phishing emails they appear to get more determined by the day I recieve 2 or 3 on a daily basis and report them to phishtrackers a site I stumbled upon that lets you report them anonymously.
@Karen
I’m very sorry to hear about your experience. I have a sister that filed injured spouse form this year (2010) with her taxes in the last week of January and it is June. She spoke with a live person and they keep telling her three weeks everytime she calls. I don’t know the magnitude of what’s going on in the IRS office this year but it is ridiculous that is taking so long. I hate that!
TaWana
@Aaron, I am so sorry to hear about what’s happening with the Injured Spouse Claim this year. I guess it is a different experience for everyone. I don’t know what’s going on with the IRS this time around. You would think that they would issue some time of media coverage to advise the people on the status of their returns since there have been so many issues with people not receiving their refund due to it being an injured spouse claim. Last year it didn’t take that long, this year is flat out ridiculous!!! Good luck!
TaWana S.
We e-filed and sent Injured Spouse by mail. They had already processed offset; letter received. Went to IRS…sent another Injured Spouse twice just to make sure. No one could tell us anything except, it may be possible to reverse. I contacted creditor immediately and said Injured Spouse has been filed DO NOT process check; heard nothing.
As far as I’m concerned requiring the I.S. form filing allows the government, and Child Support Services to fraud the spouse that has nothing to do with the debt out of hard earned money. NO spouse would want to pay child support their not responsible for.
Still waiting to hear from the IRS. There needs to be clear rules on this subject. And if the Injured Spouse files the form whether check has been sent or not the money should be returned.