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Official form guide
Form 8379 lets an injured spouse claim their portion of a joint tax refund that was applied to a past-due debt of the other spouse. File it when you want to protect your share of a joint refund.
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Form 8379 lets an injured spouse claim their portion of a joint tax refund that was applied to a past-due debt of the other spouse. File it when you want to protect your share of a joint refund.
Plain English
If you filed a joint return and the IRS used the whole refund to pay your spouse’s debt, you can request the part that belongs to you. Fill out Form 8379 to ask for that money back.
Submission Date
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Form selector
Spouse owes past‑due child support
Shows monthly support obligation
✓ Verify support amount first
Tax debt offset by Treasury offset program
Federal tax debt details
✓ Ensure correct debt type
Injured spouse wants to allocate a separate state refund
State tax agency rules
✓ Confirm state requirements
The injured spouse must file Form 8379 within two years of the IRS notice that the refund was applied to the debt. If you miss that window, the allocation request will be denied and the refund remains applied to the debt.
Checklist
Part I – Personal info
Social Security card, driver’s license · Tax return header
Refund amount claimed
Notice of offset showing total refund · IRS notice or account transcript
Signature
Handwritten signature · Original form
Address
Recent utility bill or tax return · Form header
Field map
General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
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Fillable formOpen in Editor->Form 8379 is currently in its 2024 edition. The IRS updates the form annually; verify the revision date before filing.
Quick Facts
Downloads
Injured spouse vs. innocent spouse
People mix up the two allocations
→ Verify which offset applies to you
Joint return filing vs. separate filing
Form 8379 is only for joint returns
→ Confirm the return type before attaching
Amount to claim
Some think they can claim the whole refund
→ Use the offset notice to determine your exact share
Deadline calculation
Two‑year window starts from notice date, not filing date
→ Check the date on the IRS notice
State refunds
Some assume Form 8379 covers them
→ State refunds require separate state forms
Workflow map
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