After filing taxes jointly for 2006 and expecting a refund in excess of $6,000, the IRS notified me and my wife they were taking our ENTIRE refund due to my wife being in default of her student loan. I immediately filed the Injured Spouse Allocation Form (Form 8379) and since I make most of the money in our household ($60,000 anually compared to my wife's $30,000), my accountant claimed our entire itemized deductions of just over $25,000 in my name. I had about $9,700 in taxes withheld from my salary and my wife had about $4,000 withheld. Does anyone have any idea/experience to know HOW MUCH of a refund I can expect and HOW LONG the process takes once the Injured Spouse form is filed? I would greatly appeciate any insight into this.
2007-05-31 07:30:21 · 3 answers · asked by Man I'm Tired 2 in Business & Finance ➔ Taxes ➔ United States
I live in Florida, which I believe is NOT a community property state. Is that good or bad in terms of my situation? Also, most of the itemized deductions were mine (relating to non-reimbursed business expenses).
2007-05-31 08:16:58 · update #1
The process will probably take several months before you see any refund, but you should get some.
The IRS isn't going to go with allocating ALL of the itemized deductions to you, since she made a significant portion of the joint income. They'll split that out too - your accountant might have slowed down the whole process by trying to claim that.
You might end up with (very roughly) as much as 2/3 or so of the original refund amount, around $4000.
Some will depend on whether or not you're in a community property state.
2007-05-31 07:45:49 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
Do you understand the concept of the injured spouse? It protects YOUR part of the refund, not the whole thing. IF you sent in the injured spouse form after the original return, it will take quite a long time to get it all straight.
2016-04-01 07:21:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes I'm not sure what you'll get back but you need to mail it in cause of the form it can't be done on line it takes about 30 days before you'll get your refund Hubby had the same problem till he set up a payment plan with them & they deferred his so they no longer take his refund.I had 2 do this 4 about 3yrs before it was settled on their part.Good Luck
2007-05-31 07:40:28 · answer #3 · answered by sugarbdp1 6 · 0⤊ 1⤋