Solved

If spouse doesn't work can she still be the Injured Spouse for form 8379?

Forum|Forum|6 years ago
June 1, 2019
2 replies
0 views

"I am married, have a child and I only worked in 2015. Due to having student loans being defaulted, I filled out form 8379, injured spouse form, so my wife could receive refund credit for our child. I filed married joint and received a response letter from irs stating "the injured spouse does not have any income, withholding, and or refundable credits. Can she qualify for any refund we were eligible for?

Best answer by Hal_Al

No, she cannot be an "injured spouse" if she has no income. The refundable credits are based on your earned income as well as your qualifying child, so they are not "her" credits or even partly her credits.

Hal_AlAnswer

No, she cannot be an "injured spouse" if she has no income. The refundable credits are based on your earned income as well as your qualifying child, so they are not "her" credits or even partly her credits.

D

Doxie56

I didn't work last year, my husband did and he owes for past student loans. In the previous two years, I did work and when we filed Form 8379 with our Federal tax return, I received at nearly half of the refund. The rest went towards paying my husband's student loan. If I am reading the answer to the question correctly, the IRS will take the entire refund this year. Isn't there anyway that I, the injured spouse, can receive refund credit for our child?