Presentation on theme: "Injured Spouse Claim 1-866-456-4995 or www.AlabamaLegalHelp.org."— Presentation transcript:
Injured Spouse Claim or
Who can file an Injured Spouse Claim? To get your part of the refund ALL four of these things must be true: 1.You filed or plan to file a joint tax return with your husband or wife. 2.You earned some of the income shown on your tax return. 3.You paid part of the taxes shown on your joint tax return. 4.You dont owe the money; your spouse is the only one who owes the money.
Example 1: Edith and Jim $10,000$5,000 Edith Jim Kids $1,200
Edith should file an Injured Spouse Claim
Example 2: Fred and Harriet $3,000$5,000 Harriet Fred $400
Fred should file an Injured Spouse Claim
Example 3: Mary and Joe $8,000$6,000 Mary Joe $1,500
Joe should file an Injured Spouse Claim
How do I file an Injured Spouse Claim? Fill out IRS Form Make copies of all W-2 and 1099-R forms for you and your spouse. W-2 SAMPLE 8379 SAMPLE 1099-R
SAMPLE 1099-R W-2 What if I have already filed my joint tax return?
What if I am preparing to file my joint tax return? INJURED SPOUSE
Where do I send my Form 8379? IRS Service Center Austin, TX
When should I file? File with your tax return. OR You can also file after the IRS keeps your refund.
How long will it take the IRS to respond? 12 weeks
Legal Services Alabama is an independent, nonprofit organization that provides qualifying low-income individuals with free civil legal assistance. LSA is a statewide program serving all 67 counties in Alabama and provides a full range of services. This presentation offers legal information, not legal advice. We try hard to make sure our presentations accurately explain your rights and options. However, this presentation does not apply the law to your personal facts. For this sort of legal advice, you should call a lawyer. The LSA LITC receives funding from the IRS, the clinic and its employees and volunteers are not affiliated with the IRS. A taxpayers decision to use the LITC will not affect the taxpayers rights before the IRS. This information cannot take the place of advice from a lawyer. Each case is different and needs individual legal advice. You should contact a lawyer if you need representation on a tax matter or if you have questions. How can I get help? Call Legal Services Alabama Low Income Taxpayer Clinic OR Online at
The LSA Low Income Taxpayer Clinic receives funding from the IRS, the clinic and its employees and volunteers are not affiliated with the IRS. A taxpayers decision to use the LITC will not affect the taxpayers rights before the IRS or