My husband's tax returns for years 2006, 2007, 2008, and 2009 were partially denied and additional information was requested. He fought the 2006 return for 3 years before he gave up because someone told him he couldn't get a refund from it anymore. This was all before we were married. Now, the IRS is taking my money to pay this (my state taxes, yes I file the Injured Spouse Form) so I called to see if something could be done. The gentlemen on the phone said we could in fact still submit the information that the IRS requested.

I have gathered everything and mailed it in today. I started to do some research though and I cannot find if this will actually do anything for us. His original tax returns were filed timely. Is there a statute of limitations on sending back the requested information? I see that he cannot receive a refund past 3 years but is this only for tax returns that are newly filed after 3 years?

Feeling a little confused :/

#1;As long as either you or your spouse owes any past due tax bills, child support payments, or student loans or etc, then it is nearly for certain that the IRS will try to intercept and seize that refund if either spouse filing has an unpaid liability. However, if only one spouse owes the liability, the other spouse is entitled to his or her share of the refund based on who contributed what. If the IRS has applied YOUR share of a refund against a liability or bill owed by your spouse, then you are what's termed as an injured spouse and you are entitled to your portion of the tax credit relief money;aslong as the IRS has intercepted your tax refund or earned income tax credit and applied your refund money towards your spouse's delinquent bills or outstanding liability, or you're in the process of filing your taxes and you are concerned that the IRS may intercept your tax refund money, then you need to obtain tax form 8379.The form requests identifying information for you and your spouse, as well as detailed information needed to determine how much of the tax and refund has been contributed by and should be paid out to each spouse. The IRS makes the final calculations that divides the refund between you and your spouse and how much each of you paid in via your paychecks or income and how much each of you is entitled BACK in your tax refund. So, IF assume that YOU are the head of household and YOU contributed more than 1/2 of the household's income, then YOU are entitled to more than half of whatever the total tax refund should have been. If you now realize that you are an injured spouse for a tax return that has already been filed, then you should file form 8379 with the closest IRS Center for where you lived when you filed your tax return. If you're trying to prevent the IRS from seizing a refund on a return that you have YET to file (You have not officially filed YET) then you should attach Tax Form 8379 at the time when you file your taxes.




#2;No; there is no SOL on sending back the requested info.however,in the case of form 8379, Form 8379 does not advise taxpayers that injured spouse claims can be filed for prior years or that there is a 6-year statute of limitations on filing these claims for a nontax debt and a 3-year statute of limitations on a tax debt.for example, as child support is a nontax debt, a TP can file for 2007 plus the past 5 years (total of 6 years.) to back to 2003 form 2007 The normal 3-year rule for amended returns does NOT apply to Form 8379. It is NOT an amended return, only a division of the refund. please read below.


#3; Generally speaking, it is never too late to file a tax return. Even after 20 years, you can still file your tax return to the IRS. However, except in a few specific cases, you cannot obtain your tax refund after 3 years, as the statue of limitations will have expired. The IRS cannot pay refunds to filers if the statue of limitations has expired; you can only claim a refund within three years of filing a timely tax income return or two years after you have overpaid taxes, whichever is later. If you have failed to file a return, the "two year after overpayment" rule applies. Therefore, except during specific cases, you cannot receive a tax refund from the IRS for overpayment that occured more than three years ago. The tax law makes two exceptions for claiming a tax refund from ore than three years ago. The first is tax refunds that arise from bad debt.So if a loan you have made has still not been repaid and has a slim to no chance of being returned to you, you can declare that loan a loss on a tax filing from as far back as seven years ago and claim a refund. Secondly,securities that have lost their entire value can likewise be grounds for amending a previously filed return for up to seven years and claiming a refund.

Thanks for the information! I think I need to be more specific though. I have no concerns about injured/innocent spouse. I filed those forms for my Federal Return and received my money like I was supposed to. My issue is that the state I live in (South Carolina) does not recognize the injured spouse form and therefore sends any state refund straight to the IRS. I have talked to multiple people at both agencies and there is nothing I can do to get that money.

My concern is that an IRS agent told us we could send in the information to correct my husband's tax returns from years 2006, 2007, 2008, & 2009 but I'm not sure if we will get a refund from it or if sending in the information will put him at a $0 balance for those years or if anything will even happen.

To correct year 2006 they needed proof his son lived with him so we gathered medical papers that showed the address.

To correct year 2007 my husband needed to file Form 8862.

For 2008, he needed to file Form 8862 and the Recovery Rebate Credit Worksheet.

For 2009, he needed to file Form 8862.

These were all sent off in the mail yesterday. I'm trying to figure out if sending them in this many years later is even going to do anything. Will they correct his taxes and he will get the refund. The taxes were filed timely when they were due. He just never got around to sending in the information they requested.

Thanks for reading

#1;I see.

#2; I suppose so.

(To correct year 2006 they needed proof his son lived with him so we gathered medical papers that showed the address.To correct year 2007 my husband needed to file Form 8862.For 2008, he needed to file Form 8862 and the Recovery Rebate Credit Worksheet.For 2009, he needed to file Form 8862.These were all sent off in the mail yesterday. I'm trying to figure out if sending them in this many years later is even going to do anything. )

#3;I can’t accurately tell you about it sorry fo r that; I should say it is up to the IRS and depends on his tax situation.However, as mentioned previously, I should restate that except in a few specific cases, you cannot obtain your tax refund after 3 years, as the statue of limitations will have expired.So, you can only claim a refund within three years of filing a timely tax income return or two years after you have overpaid taxes, whichever is later. Statutes of Limitations on Claims for Refund or Credit for yur state returns, you need to contact the Dept of Rev of your home state. When a refund has expired, that refund money is kept by the federal government. In IRS terminology, an expired refund is considered an "excess collection". That refund money cannot be sent to the taxpayer as a check. Nor can the refund money be applied as a payment towards another tax year for which a person might still owe the government. Nor can be refund be applied to another year as an estimated payment.

So let me see if I can articulate this into words.

Part of his returns were denied thus making it where he owed money to the IRS. So each year we get bills. Last year the State sent money to the IRS to pay on my husband's bills. Would you say that's technically an overpayment? If they go in and correct the tax returns based on the information we sent then he would be due a refund. But since he is past the 3 year SOL he can't get the refund money so they will put his balances at $0. So then the money I paid would have been an overpayment and I should get that back.

What do you think? Does that make sense?