IRS Injured Spouse Tax Relief: Should You Marry Someone with Tax Problems?

Consider IRS Injured Spouse Tax Relief if you plan to marry someone with tax problems. Your significant other owes back taxes; you do not. You will not owe the back taxes once you get married. You also do not want your refund taken. If you do marry, request IRS Injured Spouse Tax Relief. You will get your refund, but your spouse’s refund will be applied towards his or her back taxes. This will work if your spouse owes back child support, back alimony, back state taxes, unpaid student loans, or any other unpaid federal obligations.

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Download IRS Form 8379
8379 Instructions


How to File for IRS Injured Spouse Tax Relief

File Form 8379, Injured Spouse Allocation to request IRS Injured Spouse Tax Relief.

We strongly recommend you file Form 8379 with your tax return by April 15th. If you are amending your tax return, then you file Form 8379 with the amended tax return. You do have the option to file Form 8379 separately but we do not recommend it.

The IRS will notify you of IRS Injured Spouse Tax Relief request acceptance or denial. It should take the IRS about 14 weeks to process Form 8379, Injured Spouse Allocation.

IRS Injured Spouse Tax Relief is different than IRS Innocent Spouse Tax Relief. IRS Injured Spouse Tax Relief is used when you do not owe the back taxes. If you wish to remove taxes owed with your spouse, you may qualify for IRS Innocent Spouse Tax Relief.