Can you e-file if you have to turn in a form 8379?

Question

I need to file my husbands taxes (he's in the army and in Iraq right now) but I need to include the injured spouse form (because of money I am paying on and old mortgage ONLY in my name not his) so he is not responsible for the debt. I know that I can mail that form into the IRS but I was wondering, am I still able to e-file normally and then send that to them? Or do I have to do an old fashion paper filing and mail it in? Also do tax prep places like H&R Block haves those forms available? And also if I am able to e-file on the IRS website, am I still able to get my refund direct deposited within 10 days or does it take like 8-10weeks to file from the day that they receive the for 8379? I know it seems like a lot of questions but my husband is coming home for R&R January 22nd, which ironically is the same day that the w-2 forms are available online and he will only be here for 18days so I want to know if we will have any money to do anything while he is here on leave.

I also wanted to add that yes we are expecting a refund. He will be getting and EITC and he did pay taxes this year because he didn't deploy until October. They took out 1400 in taxes up until that point. We also have 2 small children. When I did a refund calculator , it estimated his return would be 6200 and some change if we filed jointly. I did not work at all this year.

Answer 1

Contrary to popular opinion, your efiled return can include the form 8379. It does not have to be mailed in separately. (Most people don't know they eligible for the form until after their refund was offset, so they get in the habit of mailing it in.)

The form automatically freezes the refund until the form is processed, so you could be looking at a minimum of 8 weeks.

Of course, you are assuming there will be a refund. Why? Did you work? Do you have kids? Did he have some income before he was sent to Iraq?

Answer 2

If you file your return electronically on January 22, you might get your by February 2, if you do not include the Form 8379. If the IRS offsets your refund by your debt, your refund might be delayed a bit (but sometimes it comes through quickly even with an offset). If you include Form 8379, your refund will be delayed several weeks.

You cannot get a loan against your refund because these loans are prohibited for active duty military under the Military Lending Act.

Just to clarify information in other answers, as you must know from the refund you anticipate, combat pay can be used to figure the Earned Income Credit, even though it is tax-free.

Answer 3

You can efile and still file a form 8379. But you can't efile until mid-January and until you have the W-2, so you aren't going to have your refund by the time he gets home.

Filing an 8379 will slow down a refund. But you say it's for an old mortgage you owe - normally that wouldn't be taken from your refund by the IRS anyway. Check with them and ask whether they have it set up to take money from your refund - if not you won't have to do the injured spouse form. But if the mortgage company has a lien on your checking account and you have the refund deposited there, they could grab it when it hits the account, and you'd be better off waiting an extra week and getting a paper check.

Enjoy your time together - I hope next time he gets home he's home permanently. Thanks to both of you for your sacrifices to protect our country and the rest of us.

Answer 4

Your facing 2 problems with your time line.

First, if a refund is subject to capture it will delay the remainig refund by 6 to 8 weeks just to process the capture.

Second, although you can e-file the return and follow up with the Form 8379 by mail, the 8379 takes about 8 to 12 weeks to process. Any refund from the e-filing will be processed as noted above while the 8379 portion will follow several weeks later.

And one observation: Depending upon how long your hubby has been serving in Iraq, there may be little or nothing in the refund attributable to his income since his income is tax-free while he is serving in a war zone. No income tax is withheld from his mil pay while he's serving there. (And there is plenty that you guys will be doing that won't cost you a dime anyway.)

(And tell him this old Top Kick said, "Thanks.")