Tuesday, August 24, 2010

Filed injured spouse allocation, how long before I hear anything?

I filed an injured spouse allocation form because the IRS took my refund to apply to my husbands back taxes. We are seperated and almost finished with our divorce. The back taxes are from his self employment and I was not involved in any of it. He also owes me $16,000 in back child support. Does anyone know how long before I hear anything from the IRS? And has anyone in this situation been granted their refund?Filed injured spouse allocation, how long before I hear anything?
The injured spouse form is only going to apply if you filed MFJ with him this year and there was a refund on the 2007 return that was applied to a year that you didn't file with him.





If the 2007 tax return showed a balance due, it won't change that. If the amount owed is more than the stimulus, that wouldn't make a difference either.





The *other* form is form 8857, innocent spouse and only about 25% of those are granted in all or in part.Filed injured spouse allocation, how long before I hear anything?
It depends on when you filed your tax return. This is the busiest time of year for the IRS so it takes a while, but within 6-8 weeks you should get some sort of answer.





There are always variables, but generally speaking from what you said, you should get some relief, but they could dissallow you if you are shown anywhere an part owner of the business. This is a Schedule C business I presume - look at the return and see if you are shown as a joint owner of the business. Your name will be at the very top of the form with his, but look down lower (top third) of the Sched. C and you'll see that info.





The IRS does what they do and you always can appeal their decision if it doesn't go your way - it doesn't hurt to try. Many people win appeals and you can do it yourself. Just write them a letter with your social security number so they can identify you.. hope this helps.





Kathy
These are not matters that zip through the system. Allow eight weeks and then contact IRS if you haven't heard from them. If you care to call before then, be prepared for a wait. The lines are jammed with people trying to find out why they haven't yet received their stimulus payments.

No comments:

Post a Comment