Can You Amend a Tax Return for Injured Spouse?
If you’re an injured spouse, you may be able to amend your tax return to claim your fair share of a refund.
What is Injured Spouse Relief?
Injured spouse relief is a provision of the tax law that allows you to claim a refund of taxes that were overpaid on a joint tax return filed with your spouse.
You may be eligible for injured spouse relief if:
- You filed a joint tax return with your spouse.
- Your spouse failed to report all of his or her income.
- Your spouse claimed deductions or credits that he or she was not entitled to.
- You were not aware of your spouse’s tax liabilities.
- You would have been entitled to a refund if you had filed a separate tax return.
How to Amend a Tax Return for Injured Spouse
To amend a tax return for injured spouse relief, you must file Form 8379, Injured Spouse Allocation. You can download the form from the IRS website or order it by calling 1-800-829-3676.
Once you have the form, follow these steps:
- Complete Part I of the form with your personal information.
- Complete Part II of the form with your spouse’s personal information.
- Complete Part III of the form to indicate the amount of the refund that you are claiming.
- Sign and date the form.
- Mail the form to the IRS address listed in the instructions.
- File your amended return as soon as possible. The sooner you file, the sooner you will get your refund.
- Make sure that you claim all of the deductions and credits that you are entitled to.
- Consider using a tax professional to help you prepare your amended return.
Tips for Maximizing Your Refund
Here are a few tips for maximizing your refund when you amend a tax return for injured spouse relief:
Conclusion
If you are an injured spouse, you may be eligible to claim a refund of taxes that were overpaid on a joint tax return filed with your spouse. By amending your tax return for injured spouse relief, you can get your fair share of the refund.
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