View Full Version : HOW is refund divided when filing the Injured Spouse Form?


SureYnot
What affects the way in which the refund is divided when filing an Injured Spouse Form?

Specifically, mortgage interest and property taxes for a home that is only in the name of the injured spouse? Are these items attributed to that spouse only, or are they divided 50/50?

When the injured spouse is self-employed and the other spouse is an employee of a local company (not of the other spouse business) and there are self-employment taxes owed?

But then to complicate it all, there is an EIC credit, which is why there is a refund, and this wipes out all the taxes that would have been owed...

I am trying to figure out how much of the refund will come to us, and how much will be applied to the debt owed by one spouse.

Thank you!

clydewolf
SureYnot,

The refund will be prorated on the amounts you prorate from your joint return between the injured spouse and the other spouse from your joint return. These amounts are reported on form 8379, part II lines 10 through 20.

Here is a link to the form followed by the instrucitons: http://www.irs.gov/pub/irs-pdf/f8379.pdf