IRS Form 8379- Injured Spouse Form

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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:

  •  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
  • Yes, I was very pleased with the results because I always got all of my tax refund back and including half the rebate last year. Please be sure to write “injured spouse” on the top left side of the form before mailing it.
  • 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:

http://www.irs.gov

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.

114 Responses

  1. We filed electronically January 25th with the form and they are saying the same thing, call back after 11 weeks from acceptance date if you don’t receive it before then. We have filed in the past and it usually takes 8 weeks to be deposited. I received it once in 6 weeks and I had filed later that year.

  2. I have filed on Jan 22 of this year and still no word on it as of yet. I have note received any letters from the IRS, so from what I was told a month ago that I will have to wait till April 9th to see or hear anything since that will be my 11th week. So I hope to hear something of my refund status since it just worries you a bit since you have no clue whats going on. Good all!

  3. We received a letter from the IRS coming from Fresno CA stating they need a copy of my husband’s 1099-G for unemployment compensation. We faxed it on Monday (28th). I called to make sure it was received was told yes. I called back to see what the status was on my refund and was transferred to the Injured Spouse Dept. The lady was very nice she explained why they needed a copy of the 1099-g and told me that the refund has been worked but not released for dd. She did tell me how much I was receiving and how much was allocated to back child support. It was a relief to know something after waiting soo long. Hope you hear something soon!

  4. Well we filed ours Jan 18 and have been calling the last week to find out the status. We were told 11 weeks would be the latest well today made the due date. When I called to day to find out what was going on they told me the time had lapsed and it took take up to 30 more days cause they maybe behind. Why should I be responable for them being behind. Last year we got it right before the 11 week mark. Does anyone know why it might be taken longer?

  5. Filed electronically first week of February, first year ever with injured spouse. I have checked the website weekly and still today getting message 1201, delay in return. Watching the news of the possible government shutdown, my wife and I have been extremely anxious about our return getting delayed even further. Like many others we live week to week, and could really use our return. Today, and even though we put in for direct deposit, we received our refund check in the mail. Was supposed to get 5000, got 4400 (we live in Ohio, not sure how they came up with that #). Still happy though. I will never again pay attention to the “Where’s my refund”, because it looks like even after they are processed, the IRS still doesn’t know “Where” it is.

  6. @ITM3, you said you received your check by mail and the check your refund was not even updated? I am still waiting and this is my first year filing the injured spouse form and still no word on it. Its the 12th week and I have been calling everyday to check on it to see if it will be complete soon. I am not sure about anyone else but they have told me a couple of different things. So I am not sure who is right or wrong. First one rep said that my husband didnt file a 2009 return on his 1099 MISC he received and thats holding up my return and then I called the next day and another said nothing about that just that it was still being worked on. Then I called the next day and another said it was still being worked on, so I am confused why would one say that about my husband not filing a 2009 return. I am confused. I hope not cause I am tired of waiting to hear something.

  7. we filed our return electronically on January 21st. Found out on Feb 4th that dep of education took our refund. Mailed injured spouse. It has been over 8 weeks. the IRS told me it has been processed and how much we are getting back. But the rep at the IRS said there is no mailing date as of yet. I’m getting so frustrated because I’m out of work and really needed that money. UGH….hopefully it will come soon.

  8. Well I am still waiting after being told soo many different stories. I got a Tax Payer Advocate involved and he told me last Friday that my check would be in the mail and I should see it around 7-10 days, and to start looking in the mail around the 13th. He also said because he did expedite the return I would have to receive a check instead of direct deposit-he said that would have taken another 2-3 wks. Well today is the 13th and I didn’t receive anything in the mail, I am hoping that by the end of the week I see a check. It has been 11 wks. for me today.

  9. Good news!! I received the check in the mail today! I ams soo happy! :-) The irs website never updated!

  10. I am happy to hear that Tina, but I may need to do the same as well. What is a tax advocate anyways and how do they help you. Well I called the IRS on Monday and they sent a notice to the person who is doing my taxes to hurry it up and now they said his response can take up to 30 days so I am not too happy of more waiting. I just want to make sure that there is no problem with my taxes since I would be so upset if it took this long to find out. I am happy for you and everyone else who may of received theirs by now.

  11. Dianna

    I am in the same boat they have gone past 45 days now they say another 30 days just got a referral to the tax advocate so hopefully they will beAble to help… I have been told many different things by the IRS I don’t think they like my husband to much because when he called ( well he did loose his temper)
    The guy told him it will take as long as it takes he even said it could take a year lol and that they can keep it all if they want what a jerk!!

  12. Angel a taxpayer advocate is someone who will check on your refund and they will speed up the process if you can prove you have a hardship. Mine was my mortgage, but if you have past due mortgage, rent or any kind of disconnect notice they can speed up the process for you. I think the form they fill out is called 911, but when I called to check the status and was told it was still processing I asked if I could speak to a taxpayer advocate and the gentleman explained that in order to fill out a form to speak with one, I would have to have some kind of hardship and I would have to prove it, so I said where do you need me to fax it? He asked a couple of questions and told me someone would call me in 7-10 days. The advocate reached me in 3 days, requested that I fax him a copy of my mortgage statement and my Form 8379. He took over the case from there, and he did speed it up for me. I probably would have had it a week earlier but he went on vacation the first week of April so I had to wait for him to return.

  13. Looks like we are all in the same boat, E-filed on 1/16 and still waiting, same story, 11 weeks and now 30 more days, cutbacks in staffing I would guess is why.

  14. Thanks Tina for the information on the tax advocate. I decided to fax a 911 form in to my local office to see if I can receive some assistance in the situation. I hope they can help me too and get this moving a little bit faster. I just hope that after this tax year we should not have any more outstanding debt to file that stupid form again. Thanks again for your feedback. I will keep you guys posted on my situation.

  15. marion

    What makes me mad is that they steal your money from you so fast but when its time to get your money back , they sit on their thumbs and take their sweet ass time, and you know why, because they dont give a damn really, its not their money, but if it was they would be working like a SOB to speed their refund! The system is nothing less than a organized mafia with all thugs running it, and you or me have no choice but to go with the flow or go to jail!

  16. Checked IRS website today and STILL says there is delay in processing even though I received check 10 days ago. Personally, I think one is simply wasting their time calling and checking website. Save yourself the stress by coming to terms with the fact that it is luck-of-the-draw and there really is nothing you can do. Sad, but true.

  17. I completely agree with Itm3 on this, because no matter how many times you call them or check the site it really doesn’t get you any where. I am still waiting to hear from an advocate on our situation to see if they can help but in mean time we have to wait. I had called yesterday to check on the status since my last call and now they are telling I have to wait till May 2 since they actually start counting 11 weeks from the time they received my 8379 form. So I am not too happy with that since they keep telling different things every time I call. I hope to hear some good news soon..

  18. my sons father owes back child support.every year he files a injured spouse form. he filed married.joint. his wife didnt work at all last year. they filed jan 27 and they recieved there money april 11. how long till i get mine after they get theres?

  19. Still waiting, found another phone number that might help some of you. Dept. of Treasury’s Financial Management Service for offset returns. 1-800-304-3107

  20. @ Allen, what is that department all about? What kind of questions can they help you with? Thanks

  21. Angel

    Well I have received my federal refund on April 29th. What I mentioned last was that I contacted a tax advocate and they contacted me within a week and she told us what we should be getting in a refund and said it should be about May 2 to receive it if not sooner. So I am happy my wait is over and I just wanted to give everyone a update. I dont think I will have to do this next year but you never know. Good luck to everyone else.

  22. tammy

    i have filed is feb 17 i have not heard anything yet can someone help i never been through this before how long does it really take if u filed is i heard 11 wks

  23. Tyrique

    Hello everyone, this is my first year filing and injured spouse form. My form was receieved March 11 and I recieved a letter yesterday stating it was incomplete because you have to send your W-2 with the form if you are sending the form by it self, which my tax guy failed to tell me. They say 6-8 MORE!!! weeks. As Biggie Smalls put it: If you dont know now ya know!!!! I will keep everyone updated.

  24. tammy

    it is may 16 2011 and still nothing i tried the tax advocate but they said my problem wsnt injured enough i know i would never do this is again i cant believe it from feb 18 to today and nothing

  25. My husband and I have filed injured spouse before and recieved our refunds alot quicker than the 11 weeks. Our tax preparer filed our w-2’s seperate from the injured spouse form..well this year we filed our own tax’s electronically March 2nd and filed the injured spouse form with it and its been 11 weeks and nothing. no letter no refund. I have called many times and was told its’ not been processed yet. WOW!!! What gets me is that if you owe tax’s they want their money by April 15th of that same year but when they owe you money it takes them forever..Can I charge them interest and penalty on my money they owe me..This is ludacris.I will continue to call the IRS and demand answers. They harrasse you if you owe them,,why not return the favor..

  26. I filed my taxes on Feb.1st they let me wait until March 15th to tell me, “o your wife owes back taxes, you won’t be getting a refund” Found out about injured spouse form, they received it on March 29th. 8weeks will be here on May 24th. Thinking about what I should do next, i’m pretty sure that date is gonna come and go with nothing changing. And one reason the like to play with your money when its time to pay us back is because they collect interest when it sits in their hands. Imagine billions of dollars,(our refunds) collecting interest daily. SO THEY HOLD IT AS LONG AS POSSIBLE.

  27. I filed our taxes early Feb, I got my refund and it was only 1199 out of 4045, I was so unhappy to find out they took my taxes because of back child support of my husband’s despite the fact the he is a full time student and we pay what we can each month. Needless, I sent my form with another copy of my tax return, which you should not do, they thought it was a duplicate, which took 12 weeks for them to figure out and get it over the injured spouse people, which I was told would take another 12 -14 weeks, which is nuts, I called this morning and after holding forever I was told another partial check would be mailed on the 15th, I am still missing 1K of my refund but they claim it’s his portion even though I made 102K and he made 4 K last year, needless to say i asked why they would mail it when i requested direct deposit, she couldn’t tell me why said only maybe it was a gliche in the system which did not cause me to gain faith in the IRS, regardless I am going to increase my deductions so I keep more of my money now and wont have to fight the IRS for it later. She did tell my that my refund collected interest and I would be sent the interest and have to pay taxes on it next year, i almost fell on the floor once i heard that, the IRS is serious about getting every penny they can.

  28. […] few years back I wrote about filing an injured spouse IRS 8379 and receive a massive response from people all over the word. There is a problem when you get your […]

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  31. […] every year? Yes, if you file married filing jointly and your want a refund.  Read More about Injured Spouse Form 8379 and Read comments from […]

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  35. i file turbotax each year and if you call they will send you a program that has the inuured spouse form on it so you have to mail nothing, you just drop down form and fill out and efile with taxes all at once, very easy, i filed on 1/27 so i wil let everyone know how long it takes they said 7-14 days and irs says depends on reason for injured spouse but i file every year for 12 years now so it should be simple. {praying hands}…., i don’t work so they always take my husbands taxes for my student loans i got before we met…. again this is for 2012, everyone post their experiences with this this year and if you need help i posted my email im glad to help anyone i can get around this nuisance.

  36. Thank you so much AnonymousThomas for sharing. I am really curious to know if the system has gotten any quicker; since the IRS has change their processing system and all. I pray that everyone that has to file an injured spouse form keeps us updated to what’s it like this year. I agree!!

    Thanks again!

    TaWana S.

  37. Roses1910

    Husband filed a 8379, sent it to the fresno office in California. Our refund was offset for the entire amount. I defaulted on my student loan and since its my default not his. Will he be entitled to his entire refund back??

  38. I went to H&R Block, this is my first year filing injured spouse. The IRS told me 11 weeks. Hopefully sooner. I will keep everyone posted. I filed Jan 24 2012 and got an email from IRS saying they received it Jan 25

  39. Jonathan

    I filed my 8379 along with my W2 and my wife’s unemployment 1/27 and it was received and being processed the very same day somehow… I used TurboTax.

    Well it initially did say my return would be issued Feb 17th but then it changed to “within six weeks of the received date.”…
    Not a word from the IRS yet of any delays of any kind by email or letter.

    I hope to receive most of the return they calculated ($5,097.00) because normally they take everything due to my wife’s defaulted student loan. I’ll keep everyone updated.

  40. monicam21

    efiled 1/24 along with injured spouse form accepted same day had DD of 2/7 for past week or so have been getting the 6 week message

  41. ashbrooks

    We have filed on jan 26 2012 for our 2011 taxes and used turbo tax I’m a stay at home mother of 2 darling lil boys:) and my hard working husband is waiting our refund bc of a school loan when I’ve filed used the injured spouse form when I’ve filed with turbo tax called today and lady said my taxes are processed and the injured spouse form is. Assigned to someone so praying they get to it! Bc I have no income one w2 we filed which is alll his income I also asked well I speak to the person who is assigned to it! Of course not! Patiently waiting

  42. ashbrooks

    Oops its my defauly school loan also add they took it last year and filed form and received it all back mid april! Shocked the hell outta us when we got our refund and was missing almost 3,000 bucks! Y do these things take so long!!.

  43. Hey there, You’ve done an incredible job. I’ll definitely digg it and personally suggest to my friends. I’m sure they will be benefited from this web site.

  44. Chinitandanny

    We filed our taxes Feb 1 and accepted same day! I went on to check the status of our refund and found out Feb. 8 that it was suppose to be deposited on Feb. 15, and saw note 203, called FMS since i knew i had student loans in default, but didn’t expect them to offset the refund since i don’t work. It turns out they did an offset on my husbands refund because we filed married jointly, its crap that they can do that! but it is what it is. So on Feb. 15 since i did not see the refund in our account, i was certain they had taken it anyways, so my husband filed out form 8379 and mailed it to our nearest IRS office, which is maybe 49 minutes away. I just want to know how long do i wait to check if the for was received? do i call my IRS office, or do i call IRS? i know i have to wait 8 weeks (April 16) but i want to know when they received it, so i can start counting for my 8 weeks from date of receipt. I read a lot and i know after 8 weeks or 30 days if i don’t hear nothing, our next step would be a tax advocate. We have an appointment on the 22 of Feb. to talk to a tax expert to get some advice and get informed, maybe he can get us some info! I would really like to know if there’s a number i can call 5-7 days from the day we mailed out the form to get a confirmation the form was received??????
    ?

  45. Wow, what a great site for info on the injured spouse form.
    I really appreciate all the info input. I just requested the 8379
    injured spouse form from the IRS. Looking to have it by next
    Tuesday.
    Since I’ve been reading all the good advice on this site, I’ll be sure
    to file the form correctly. Thank you all for sharing your experiences
    with the IRS!
    I’ll be sure to let everyone know my 2012 experience. Maybe, I can be of
    some help to those who find this site. God Bless All!

    Sincerely,
    Disabled Donna

  46. Another good site to follow is: http://taxrefundworld.com/how-long-does-it-take-to-get-my-refund-when-a-form-8379-injured-spouse-allocation-is-filed/

    There is a lot of good info, I followed it last year and this year.

  47. Filed taxes through Turbo-Tax all together on 1/30. Still getting the same response from ‘Wheres my refund’ website about the 6 weeks notice. I’ll keep you updated!

    Another Question for Turbo-Tax filers: I just received an email from ‘Intuit’ which is the company that Turbo Tax uses to charge us for e-filing our taxes. They said since I didn’t receive my taxes that they couldn’t take out the fee from them, so they are now requesting that I pay them out of pocket or they will automatically debit my bank account! Has anyone else got this message since the IRS is mailing our checks out? I hope this doesn’t mean that my student loans took all of our taxes! If anyone has any idea please let me know! Thanks!

  48. heather

    e filed taxes and forn 8379 ,they were accepted jan. 30th and now getting the 6 wk wait…its been 5 wks today so i will keep all updated

  49. Miriam

    We e-filed our return on Feb 7th and then mailed the form in on Feb 10th. We call the IRS and they said it takes 14 weeks to be processed but we got a letter from the Treasury saying it would only take 8 weeks. So, which is correct?

  50. melinda

    I called IRS today, I filed Jan 24th got excepted Jan 25th. IRS said today they closed my injured spouse claim on Feb 29th also getting my full refund. They said that my money would be released this week! So good news, I am hoping for DD on my card this Wed. First time IS filer

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