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