Do I need to file an injured spouse form if my client has a balance due on their 1040

Forum|Forum|3 years ago
March 31, 2023
1 reply
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I filed an injured spouse form for a client last year because they had a refund and the injured spouse wanted her portion of the refund instead of it being applied to her husband's IRS past IRS debts.

But this year, they have a $900 balance due, so they will make their pay to the IRS using Form 1040-V. Do I need to fill out the injured spouse form for the 2022 tax year if they owe $900 to IRS?

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Best answer by Terry53029

I would say no, because if there is no refund there can be no relief

T

Terry53029

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The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse