Filed Form 8379 (Injured Spouse) - How long for processing and what should I expect?
I submitted a Form 8379 (Injured Spouse Allocation) with our joint return back in April 2024. My spouse owes back child support from before we were married, and our entire refund of $3,840 was offset. I've been checking my transcript weekly but there's no movement at all. Does anyone know how long these injured spouse claims actually take to process? And what should I expect to get back? Will they give me my portion or will they just keep everything anyway? The IRS website says 8-14 weeks but I'm at 16 weeks now with zero updates.
55 comments
Ethan Moore
I filed an injured spouse form last tax season (2023) and it took exactly 19 weeks to process. The standard processing time they claim is 8-14 weeks, but that's rarely accurate based on my experience and what I've heard from others. When it finally processed, I received my portion of the refund according to the allocation worksheet we filled out on the form. The IRS kept my husband's portion for his student loan debt. Make sure you completed Part III of the form correctly - that's where you allocate income, deductions, and credits between you and your spouse. This determines how much of the refund you should get back. Also, check your transcript for TC 971 with an action code of 281 - that indicates they've processed your injured spouse claim. You might see TC 700 when they actually issue your refund. Hang in there - it's frustrating but they do eventually process these claims!
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Aisha Ali
Thanks for the detailed response. I'm dreading waiting another 3-4 weeks on top of what I've already waited. Did you call them at any point or just wait it out?
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Ethan Moore
I called after week 15 but just got the standard "it's still processing" response. Honestly, calling didn't speed anything up. I just had to wait it out. Keep checking your transcript weekly tho!
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Aisha Ali
Ugh that's frustrating. I was hoping calling might help move things along but I guess not 😩
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Ethan Moore
One more thing - when it does finally process, if the amount seems wrong, don't hesitate to call. They miscalculated mine at first and I had to get it fixed.
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Yuki Nakamura
I've been dealing with injured spouse claims for years because of my husband's student loans. You should really try using taxr.ai for this. It helped me understand exactly what was happening with my transcript and predicted when my injured spouse allocation would process. Way better than guessing and stressing about what all those codes mean. The tool clearly showed me when my Form 8379 was received and processed, and even estimated when I'd get my portion of the refund based on similar cases. It's insanely good! I use it every week. https://taxr.ai
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StarSurfer
Sounds interesting. How exactly does it work? Does it just read your transcript or does it do more?
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Yuki Nakamura
It analyzes your entire transcript and explains everything in plain English. You upload your transcript PDF and it breaks down all the codes, identifies issues, and predicts next steps. For my injured spouse claim, it showed exactly when the form was received and processed by the IRS. It even estimated my refund amount based on my specific situation!
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StarSurfer
OMG this tool completely changed the game for me! I was so confused about my injured spouse form status until I tried taxr.ai - it decoded everything and actually predicted my refund date within 2 days of when it actually hit my account. Seriously people, stop trying to be transcript detectives and just use this!
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Carmen Reyes
sounds like an ad tbh 🙄
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Yuki Nakamura
Not an ad - just something that actually helped after weeks of stressing. I found it recommended in another thread and decided to share since it helped me with my 8379 situation. Try it or don't 🤷♀️
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Andre Moreau
After waiting for 20 weeks on my injured spouse form with no movement, I got fed up and found a way to actually speak with someone at the IRS through claimyr.com. Got connected with an agent in about 30 minutes who explained that my form got stuck in processing. They manually released it while I was on the call, and I got my portion of the refund within 10 days. Talking to an agent got my refund released so fast - would've been waiting forever otherwise.
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Zoe Christodoulou
Does this actually work? I've been trying to reach someone at the IRS for weeks about my injured spouse claim.
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Andre Moreau
It absolutely worked for me. I was skeptical too, but I was desperate after waiting so long. The agent I spoke with pulled up my injured spouse claim immediately and saw it was just sitting there. She pushed it through while I was on the phone.
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Jamal Thompson
how much does it cost tho?
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Andre Moreau
It was worth every penny considering I got access to an agent who fixed my issue and released thousands in refund money. Couldn't put a price on finally getting answers after months of silence from the IRS.
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Mei Chen
I second this! Used their service last month and talked to an IRS rep who told me my injured spouse claim had actually been lost. They never would have found it if I hadn't called.
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CosmicCadet
Filed my injured spouse form in February 2024 and got my portion of the refund in August. Took about 22 weeks total. I got back approximately 70% of our refund based on the income allocation. My husband's half went to his defaulted student loans. Be patient but also keep checking your transcripts.
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Liam O'Connor
what happens if you filed jointly but didnt submit an injured spouse form initially? can you still file one after the tax return was already accepted? My husbands refund just got seized for his back child support and i had no idea i needed to file that form to protect my portion.
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Ethan Moore
Yes you can! File Form 8379 separately after your return was processed. Just make sure to include a copy of your joint return when you send it in. You have up to 3 years from the original filing deadline to submit it.
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Liam O'Connor
Thank you! That's a relief. Do I need to mail it in or can I submit it electronically somehow?
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Ethan Moore
You'll need to mail it in if your return was already processed. Electronic filing of 8379 is only available when submitting with your original return.
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Liam O'Connor
So basically I'm looking at 6+ months to get my money back 😭 This system is so broken
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Andre Moreau
Get ready for a looong wait. I submitted mine after filing and it took 7 months. Definitely check out claimyr.com once you hit the 16 week mark - talking to an agent was the only thing that moved mine along.
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Amara Adeyemi
The IRS is a joke. I filed injured spouse in 2022 and it took 11 months to process. ELEVEN MONTHS for what should be a simple allocation. Then they messed up the math and I had to call for a correction. I feel your pain and wish I had better news but prepare for a long wait. 🤡
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Giovanni Gallo
This is why I just don't file jointly anymore. Separate filing means no injured spouse forms needed. Yeah we pay a bit more in taxes but it's worth the headache savings.
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Fatima Al-Mazrouei
OMG same here! 9 months for me and they still calculated it wrong. Had to call 12 times before someone fixed it.
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Yuki Nakamura
Have either of you tried taxr.ai? It would have shown you immediately if they calculated it wrong and given you the exact info to reference when calling the IRS.
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Dylan Wright
Filed one in 2023 and got exactly half of our refund back. Processing took 17 weeks. They split everything 50/50 despite the fact that I earned 70% of our income. Not sure if I filled something out wrong or if that's just how they do it.
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NebulaKnight
They shouldn't split it 50/50 if you filled out Part III of the form correctly. Did you list all your income sources separately from your spouse's?
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Dylan Wright
Honestly I don't remember exactly how I filled it out. Guess I messed up somewhere. Too late to fix it now 🤷♂️
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Sofia Ramirez
Im in this exact boat right now. Filed jointly with my husband (first time married) in March 2024 and our entire $5,100 refund was taken for his back child support from years ago. Filed injured spouse form right away when I saw what happened but still waiting 18 weeks later. Called IRS twice and both times just told me to "keep waiting" 😤
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Dmitry Popov
hot tip: if you know your spouse has debt that could be offset, just file SEPARATELY. yes you might pay a bit more in taxes, but you'll get your refund way faster and won't have to deal with the injured spouse nightmare. learned this the hard way after 3 years of dealing with this nonsense.
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Aisha Ali
I wish someone had told me this before we filed. Would have saved so much hassle.
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Ava Rodriguez
100% agree. Did the math for our situation and filing separately would have cost us about $800 more in taxes, but the injured spouse nonsense cost me 5 months of waiting and multiple hours on the phone with the IRS.
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Miguel Ortiz
PSA for anyone dealing with injured spouse forms: MAKE COPIES OF EVERYTHING and keep detailed notes of when you submitted paperwork. My form mysteriously disappeared from the IRS system twice before it finally got processed. The third time I sent it certified mail and that seemed to do the trick. Took 16 weeks after that final submission.
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Andre Moreau
This is why having a tool like claimyr.com is so valuable - lets you actually TALK to someone at the IRS to confirm they received your form instead of just waiting and hoping.
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Zainab Khalil
I filed an injured spouse form in 2023 and I'm STILL waiting for it to be processed. Called multiple times and keep getting different answers. One agent said it's still processing, another said they have no record of receiving it, a third said it was already processed but the check hasn't been issued. The IRS is a dumpster fire.
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QuantumQuest
THIS is exactly why I broke down and used taxr.ai - couldn't deal with the conflicting info anymore. The tool showed my form was actually received but sitting in a holding pattern. Knowing that made it easier to have a productive conversation when I finally got through to an agent.
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Connor Murphy
Hi there! Tax professional here. Injured spouse allocations typically take 16-22 weeks to process right now (not the 8-14 weeks the IRS claims). For your portion of the refund, it will be based on how you completed Part III of Form 8379. The formula basically allocates based on your income and withholding compared to the joint total. So if you earned 60% of the income and had 60% of the withholding, you should get about 60% of the refund. But it's more complicated with credits like EIC or Child Tax Credit, as those get allocated based on qualifying dependents.
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Aisha Ali
Thank you! This helps a lot. We both work and I'm about 55% of the income. We don't have any dependents so hopefully the allocation will be straightforward.
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Connor Murphy
In that case, you should expect to receive roughly 55% of the refund (assuming your withholding percentages are similar to your income percentages). Just keep in mind that the IRS often takes the full processing time - calling before the 22 week mark rarely helps speed things up.
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Yara Haddad
man i feel ur pain. going thru this mess now too. hubby has back student loans and our whole 7k refund got yeeted. filed injured spouse in april and still nothing. irs website is a joke - no real updates and cant talk to a human 🤬
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Yuki Nakamura
Check out taxr.ai - helped me understand exactly what was happening with my injured spouse claim when the IRS website was useless. Showed me the exact status and when to expect movement.
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Keisha Robinson
Curious - did you use tax software to prepare your return and injured spouse form? I used TurboTax and they warned me it would take 6+ months to process. Mine took exactly 25 weeks from filing to getting my portion back. Long wait but at least I got my share eventually.
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Aisha Ali
Yes, I used TaxAct. They didn't give me any warning about how long it would take though. 25 weeks is so long to wait.
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Carmen Reyes
Look for TC 971 AC 281 on your transcript - thats the code that means they received your injured spouse form. Then TC 971 AC 231 is when they approve/process it. Finally TC 846 is when they issue your refund. Took me 18 weeks in 2022 and 21 weeks in 2023. IRS seems to put these at the bottom of the priority list.
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Aisha Ali
This is super helpful. I'll check for these codes specifically. I've been staring at my transcript but didn't know what to look for.
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Carmen Reyes
no problem! took me forever to figure it out too. IRS should really make this info more accessible but they luv making us decode their secret language 🙄
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Paolo Conti
I'm done with the injured spouse form. Used it for 3 years bc of my husbands student loans. Each time took 16+ weeks. This year we just filed separately. Yes we paid more in taxes (about $1200 more between us) but I got my refund in 2 weeks instead of 5 months. Mental health & cash flow were worth the extra tax cost.
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Amina Sow
Random question for the group: if my injured spouse claim is approved, does the IRS send a letter first or do they just deposit the money? Been waiting 17 weeks and checking my mailbox AND bank account daily 😅
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GalaxyGazer
In my experience, they just deposit the money. I got no advance notice - just checked my account one day and there it was! You might get a letter after the fact explaining the adjustment.
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Amina Sow
Thanks! Gives me hope every morning when I check my account lol
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Oliver Wagner
Just want to share some hope - I filed injured spouse in March 2024 with our tax return (husband owed back taxes). Our refund was initially $4,230 and they took it all in April. FINALLY on August 9th, I received $2,670 back which was my portion. So it took about 21 weeks total. Hang in there!
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Aisha Ali
Thanks for sharing this. Good to know it actually works eventually!
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