IRS Form 8379- Injured Spouse Form

 

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.