What to expect when processing an Injured Spouse form with an Amended Return……

A 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 tax return and realize that it is not what you were expecting because of your spouse’s  past debt obligations.  Or maybe you didn’t receive a tax return at all. There is a solution to being married and still receiving your part of the money. Often times, in community property states your spouse may not even worked all year but you filed together one can still possibly receive their  portion of the tax rebate when one files the injured spouse form.

This year the IRS really was backed up in processing injured spouse forms.  You can complete you injured spouse form with your tax return or you can send it in after the fact. I would like to share one major deal that happen this year with someone I know in processing an injured spouse form with an amended return. By all means if you are a first timer, you can ignore what “where’s my refund” says because once the IRS actually starts to process the return the site will not be updated with any refund information.

The original return was processed in February of 2011, it contained an injured spouse form. It was also done free  using Turbo Tax online.  Turbo Tax online is great about making sure that the forms are processed correctly. Many times you can go with the free version but if you do choose to go with the paid version your previous returns are available for years to come and often times they can just transfer you personal information to make it easy on you when  you complete a new return.

As fore mention the injured spouse form 8379 was completed through turbo tax and sent in. The IRS processing time were very slow this year. It states 11- 14 weeks but it was beyond the 14 week period in receiving a rebate from the IRS. Since Texas is a community state, yet again the return was split down the middle.

The return had to be amended because a dependent child was claimed on another return. This is for you parents out there that are claiming other people children or your children and you know you did not have them all year. You can get in big trouble from the IRS by lying about dependents. So be honest!!! Records were sent in to the IRS to prove that this child had been with these parents all year and the IRS accepted the amended return.  Here is the thing, the amended return had an injured spouse form with it and it was properly stated at the top of the left hand side INJURED SPOUSE but the IRS overlooked it.  This is another great thing that the Turbo Tax free version provided. It allowed to amend the return for FREE and it completed the forms appropriately online.  Not many people know about the benefits of Turbo Tax.

On the other hand, since the IRS overlooked the injured spouse form they process the amended return with out it and did not treat it as an injured spouse even though the original return had an injured spouse processed with it originally. So, the check is receive but it almost nothing because of past obligations. So, now what is needed to be done is another Injured Spouse form is needed to cover the amended return to get the portion that is owed back to them from the rebate.

This couple did everything right but the IRS prolonged the rebate due to them overlooking the injured spouse form on the amended return. So, this is just a headache already because you wait months on your original refund.  Here it is August 2011 and you still haven’t got your complete refund from the IRS.  It can certainly be a headache but these one of many stories that you can experience or hear about when dealing with filing form 8379.
As always… Peace, Love and Stilettos!

TaWana S.

2 Responses

  1. jeannie madrigal

    i was just wondering what happened after you mail the 8379 form back to the irs. Is there something more i do or do i just sit and wait for the irs as usual.

  2. I am sorry for the delayed response. By now you probably have received a check or a response from the I.R.S. We’ve learn that the when they say 8-12 weeks, that is exactly what they mean. After the form has been mailed it, you should receive a letter from them after they have processed it. Then within a couple of more weeks they should send you the portion of the refund.

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