“ How can I file my taxes and claim him on without the government taking my refund? “================= Form 8379 is filed by you, the injured spouse, on a jointly filed tax return when the joint overpayment was or is expected to be applied /offset to past due obligation of your spouse. By filing 8379 you may be able to get back your share of the joint return. A debt that the IRS or federal goverment can offset from your tax return is :Past Federal taxes owed;Past State Income Taxes owed;child or spousal support; Student Loans. You can be eligible to file if you are not legally obligated to pay the past due amount, and you made and reported payments such as federal income tax withheld from wages, or estimated tax payments or claimed a refundable tax credit such as Earned Income Tax Credit etc.. To determine if a debt is owed and whether an offset will occur contact the IRS Treasury department's Financial Management Service 1-800-304-3107.
You can file an 8379 with the 1040, or 1040x or by itself after the return has been sent. You can’t efile amended returns, 1040X.Make sure copies of all your w-2's and income documents are sent along with it.As you live in a community property state, for the purposes of an offset even if you are not the injured party your return will be offset to satisfy the debt even if you are supplying the sole income. You can file a form 8379 Injured Spouse and have half the community income allocated back to you, but expect 11 weeks for the IRS to go through the process.Each community state is different, California for the purposes of satisfying an offset will take 100% of the community refund to satisfy the debt even if you file an 8879. Texas either takes 50%, 75%, or 100% of the refund to satisfy the debt, Washington and the rest are a 50% 50% state.