Welcome back! Ask questions, get answers, and join our large community of tax professionals.
cancel
Showing results for 
Search instead for 
Did you mean: 

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

Ephesians3-14
Level 8

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?

0 Cheers
1 Best Answer

Accepted Solutions
Terry53029
Level 14
Level 14

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

View solution in original post

3 Comments 3
Terry53029
Level 14
Level 14

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

0 Cheers
Ephesians3-14
Level 8

So, because there was no refund for 2022, I don't need to prepare the Form 8379? I only prepare it in years where they have a refund?

0 Cheers
Terry53029
Level 14
Level 14

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