How Long Does an Injured Spouse Refund Take to Process?

When one spouse owes debts such as unpaid taxes or child support, the IRS may use a joint tax refund to cover those obligations. If the other spouse is not responsible for the debt, they can file an injured spouse claim to recover their portion of the refund. This process ensures that one person’s financial obligations do not unfairly affect the other.

Steps to File a Claim

The injured spouse must complete IRS Form 8379, which allocates the joint refund between both individuals. This form requires financial details, including each spouse’s income, tax withholdings, and credits. Accuracy is crucial, as errors or missing information can cause delays.

Form 8379 can be submitted in two ways. If the joint return has not yet been processed, the form should be attached to the front of the 1040 series tax return, allowing the IRS to review both documents together. If the return has already been filed, Form 8379 must be sent separately, either electronically (if supported by tax software) or by mail to the appropriate IRS processing center.

While supporting documents are not always required, including copies of W-2s, 1099s, or other income statements can help verify the claim. If additional information is needed, the IRS will request it, which may extend processing time.

Typical Timeline

Processing times vary depending on when and how the claim is submitted. If filed with a joint return, the review typically takes about 11 weeks for electronic submissions and up to 14 weeks for paper returns. If submitted separately after the joint return has been processed, the IRS generally takes 8 to 12 weeks. These time frames may be extended due to IRS backlogs or system updates.

The IRS verifies tax withholdings, credits, and other financial details to determine the injured spouse’s portion of the refund. If discrepancies arise, further review may be required, which can add to the processing time. If adjustments are needed, the IRS will notify the filer.

Factors That Affect the Duration

The IRS’s workload can impact processing times. During peak tax season (February through April), high volumes of returns slow down reviews. Backlogs from previous years or staffing shortages can also contribute to delays. Claims filed later in the year may be processed more quickly.

The complexity of the tax return also plays a role. Returns with multiple income sources, large deductions, or refundable credits like the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC) require more detailed review. Returns flagged for additional scrutiny, such as those with self-employment income or discrepancies between reported earnings and IRS records, may take longer.

State tax obligations can introduce additional delays. While the injured spouse claim applies to federal refunds, some states have debt offset programs that could affect the final refund amount. In community property states like California, Texas, and Arizona, where income and tax liability are shared differently than in common law states, refund calculations are more complex.

Checking the Status

Tracking an injured spouse claim requires patience, as the IRS does not provide immediate updates. The best way to check the status is through the “Where’s My Refund?” tool on the IRS website or the IRS2Go mobile app. However, these tools only reflect the status of the joint return and may not indicate whether the injured spouse claim has been processed. If part of the refund has been offset, the injured spouse’s portion may still be under review.

For more detailed updates, calling the IRS at 1-800-829-1040 may provide clarity, though wait times can be long, especially during tax season. Having the primary Social Security number, filing status, and expected refund amount ready can help expedite the inquiry. If more than 14 weeks have passed without an update, contacting the IRS may be necessary.

Finalizing the Refund

Once the IRS completes its review, refunds are typically issued via direct deposit if banking details were provided. Otherwise, a paper check is mailed, which takes longer due to processing and postal delivery times. If the refund is delayed, verifying that there are no issues, such as an incorrect address or banking information, can help prevent further setbacks.

If the injured spouse disagrees with the IRS’s determination, they can request a reconsideration by submitting additional documentation, such as income verification or proof of tax payments. In cases of financial hardship, the Taxpayer Advocate Service (TAS) may assist in expediting the resolution. If the claim is denied, an appeal can be filed with the IRS Office of Appeals.