Question

Injured Spouse, the following year

Forum|Forum|6 years ago
October 15, 2019
2 replies
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Employee

What are you asking?

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**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

S

SCA99Author

Sorry, posted the subject, without my question.

In 2017, I filed an injured spouse form so my refund would not be taken to pay down my spouses outstanding student loan. The request was granted and I received my refund.

Since, we have completed a payment plan request and have been on time and up to date since.

When we file our 2018 return (deadline tomorrow), do we need to request the injured spouse separation again this year, or will the refund be processed since the payment agreement is in effect and current?

Thank you.

macuser_22

Employee

@SCA99 wrote:

Sorry, posted the subject, without my question.

In 2017, I filed an injured spouse form so my refund would not be taken to pay down my spouses outstanding student loan. The request was granted and I received my refund.

Since, we have completed a payment plan request and have been on time and up to date since.

When we file our 2018 return (deadline tomorrow), do we need to request the injured spouse separation again this year, or will the refund be processed since the payment agreement is in effect and current?

Thank you.

Yes the injured spouse form (8379) must be submitted each year that it is claimed.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

S

SCA99Author

Thank you.

Just to clarify.....it makes sense that the form must be filed each year it is claimed.

But.....

As an example:

Filing jointly, the refund is at 5,281.00

If I file the injured spouse form, then it looks like my refund drops to 3,053 because we are removing only a small portion of our joint income (8,000) , but I will also lose 50% ($ 12,000) of the standard deduction.

My question is, if her student loan payments have been re-established and are on track and current, will they still take the joint refund no matter what (regardless of the payment agreement) or am I safe to file jointly without the injured spouse status, being the first return since the new agreement.