Can I do an ammended return using form 8379?

Question

Last year my husband and I filed jointly and lost about 4,000 dollars to my student loans. Can I file a 8379? If so, will I get that money back? I'm a bit confused with that. Also how long does it take to get back the return if it DOES indeed work?

I'm sorry I confused some of you. I mean I want to file on my husbands behalf. I understand HE is the injured spouse. I'm a stay at home mom and make 0 dollars. They took almost 4k from us last year for MY student loans. I didn't think that was very fair to my husband. Thank you so much for the info you all have given so far!

Answer 1

Your husband is the injured spouse, not you.

If your husband did not file a form 8379 when you filed the joint return, he can go ahead and file it now. If there are no changes to the tax return, he should NOT file a 1040X.

Since you have already filed, a form 8379 takes about 6-8 weeks on it's own. (If filed with a tax return, that is 6-8 weeks after the normal processing time for an original or amended return.)

The amount he will receive back depends on the refund showing on the joint return, whether or not you worked, what state you are in, etc.

Answer 2

If they are YOUR student loans, then no you can't file an injured spouse allocation, since you were not injured - you owed the money that was taken, so will not get your share back.

If your HUSBAND doesn't have any offsets due to debts of his own, HE could file the form. Any he could receive the portion of the refund that is due to HIS income and withholding, not yours.

Answer 3

To amend a US Income Tax Return, use form 1040-X for the applicable year.

The refund depends when you file. I would do so now before the rush in early 2008. Maybe a month. Alternately, go to a tax preparer, H&R Block, Hewitt, etc. They should be able to expedite the process for you.