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Williamstown NJ 08094
mike@pinkharbor.com
Night & Weekend Hours by Appointment
IRS Injured Spouse Relief allows a married taxpayer to get their portion of a joint tax refund which the IRS would normally seize due to the past debt of their spouse. IRS Form 8379 is used to complete the allocation.
IRS Injured Spouse Relief allows a married taxpayer to recover their portion of their spouse’s debt, which the IRS would normally seize to pay down past debt solely liable to the spouse, such as child support arrears, unpaid taxes, or other federal and state offsets. This relief operates under IRC Section 6402. You will use IRS Form 8379 is used to complete the allocation.
Injured Spouse Relief aids you in getting your portion of your federal tax refund if it was taken due to your spouse’s past debts – ensuring your share of the refund is protected. This relief prevents your portion from being allocated to debts like child support, government debts, or student loans.
A married partner who filed a joint return and whose portion of the refund was seized to pay their spouse’s debts can file. The injured spouse must have earned income or paid taxes through withholdings, estimated tax payments, or refundable credits.
Injured Spouse Relief allows you to reclaim your portion of a joint refund taken to pay your spouse’s debts, while Innocent Spouse Relief protects you from liability for taxes due to errors or fraud committed by your spouse on the joint return. IRS Innocent Spouse Relief.
There is no specific IRS Injured Spouse Rule. It operates under IRC Section 6402, which governs the relief process for married partners.
The injured spouse is the partner whose portion of the tax refund has been applied to their spouse’s debts.
The refund will be calculated based on the allocation provided in IRS Form 8379. Accurately allocate tax withholdings, credits, and deductions to the injured spouse to maximize the refund.
The form used to request Injured Spouse Relief is IRS Form 8379.
You can submit Form 8379 with your tax return electronically or mail it to the IRS service center processing your case.
The process takes 11 weeks if filed electronically and 14 weeks if filed by paper. You can check the status using the IRS’s “Where’s My Refund?” tool.
Injured Spouse Relief applies only to federal taxes. For state taxes, check with your state’s tax authority for similar relief options.
Yes, you can file if you made estimated tax payments or were solely entitled to refundable credits, even if you had no income.
Pink Harbor, CPA offers a variety of IRS tax resolution services designed to help you manage and resolve tax issues. Below are some of the most effective solutions available:
✔️ IRS Offer-in-Compromise | Settle your tax debt for less than the full amount owed, based on your financial situation. |
✔️ IRS Installment Plans | Spread out your tax payments over time with an installment agreement, making it easier to pay off your debt. |
✔️ Filing Back Taxes – Tax Compliance | Ensure compliance by filing past-due tax returns and addressing penalties for late filing. |
✔️ IRS Innocent Spouse Relief | Avoid liability for tax debt if your spouse is solely responsible for incorrect or fraudulent reporting. |
✔️ IRS Injured Spouse Relief | Reclaim your share of a tax refund that was applied to your spouse’s past debts, such as child support or student loans. |
✔️ IRS Penalty & Interest Abatement | Reduce or eliminate IRS penalties and interest if you can prove reasonable cause for late payments or filings. |
✔️ IRS Currently Not Collectible Status | Temporarily delay IRS collection activities if you are unable to pay your tax debt due to financial hardship. |
Pink Harbor, CPA provides expert help to resolve a wide range of tax issues. Some of the most common problems we can assist with include:
🛡️ IRS Audit Representation | Get professional representation during an IRS audit to ensure your rights are protected and you receive fair treatment. |
🛡️ IRS Lien Withdrawal | Remove a tax lien placed on your property and restore your financial standing with the IRS. |
🛡️ IRS Levy Release | Stop the IRS from seizing your assets, such as bank accounts or wages, to pay off tax debt. |
🛡️ IRS Wage Garnishment Release | Protect your paycheck by stopping or reducing wage garnishment by the IRS. |
🛡️ IRS Trust Fund Recovery Relief | Resolve tax issues related to unpaid payroll taxes or trust fund penalties, often incurred by business owners. |
When filing a tax return with the status married filing joint, both spouses are jointly and severally liable for the entire tax associated with that return. Innocent Spouse Relief may be an option for a spouse who later determines that the other spouse falsely represented their income, embezzled funds, took false business expense deductions, etc. Innocent Spouse Relief must be filed less than 2 years after the IRS first conducts collection activity. Injured Spouse Relief is available for a married taxpayer filing a joint tax return when all or part of his or her portion of a refund on the joint return has been or will be applied to his or her spouse’s legally enforceable debt, such as past-due federal income taxes, child support, or student loans. The injured spouse may receive his or her share of the joint refund.
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