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How long does it take to get a tax refund with an injured spouse claim? Form: What You Should Know

Injured Spouse Claims: How Much Will I Receive? A Claim for An Injured Spouse Tax Return A claim for an injured spouse tax return is made if any of the following criteria are met: There is an income tax liability due or owed to the IRS has intercepted the refund of a refund of tax paid by the injured spouse The IRS has recovered some or all of the income tax owed or owed The IRS has recovered some or all of the refund due or owed to the injured spouse The injured spouse claims in Form 8379. The injured spouse claim is the name under which the taxpayer is named on the recovery Injured spouse claims are filed with other records that are required with a joint tax return. The joint tax return is due with the injured spouse claim. An injured spouse claim may be filed only to the extent that the taxpayer has recovered a tax refund from the IRS. Claims filed through other channels may not be considered a claim for an injured spouse tax return. Injury to Property Claims Injury to Property Claims As the title is attached to all property, any claim on that property may be claimed. If the same property was subject to two or more taxes, only those taxes that caused the injury may be claimed. Claiming the excess tax that did not cause injury would be invalid, as such excess could not be considered for refund purposes. However, the excess tax must be claimed within 10 years of the date the tax was paid, and must be claimed on Form 8379. Injury to Other Property Claims Injury to Other Property Claims Injury to other property is similar to property claims except that there is no attachment of the property on Form 8379 and the claim is made on the Form 8379 instead of on a claim for a tax refund. Injury to Personal Injury Property A property loss that is solely attributable to personal injury is also included in gross income and, thus, may be used to reduce the income of an injured, widowed, or unmarried spouse. As a result of the injuries and loss of employment, the injured spouse is entitled to a tax refund and, if the injured spouse has a tax liability, a tax credit equal to the amount of the tax liability. If the injured spouse files a joint return, all property taxes, whether due to the taxpayer, become the property of the injured tax return.

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