Can an injured spouse get a rebate?
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February 26, 2008

Can an injured spouse get a rebate?

Q: My husband and I file a joint return and include a Form 8379 (injured spouse allocation) so he may receive his portion of the refund. I am on disability and do not work but owe back student loans. Can an 8379 be filed to request his portion of the stimulus rebate? I have gotten a lot of different answers.

A:  The IRS says there is no need to file a separate Form 8379 to cover the stimulus payment if you already sent one in with your tax return. (If you had not already sent one in, you would need to do that.) Your portion of the rebate will be withheld to cover your student loan debt. Your spouse will get his portion.

Comments

My husband filed chapter 13 but not me, we filed a 2006 joint return last year and summitted an injured spouse form (8379)along with our taxes for my portion. IRS sent the entire amount to the bankruptcy trustee (07/03/08) after holding it over a year. Is there anything I can do? I don't know if i'm entitled to any portion of the return or did I lose any portion I could have receive due to filing with my husband.

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St. Petersburg Times personal finance editor Helen Huntley writes about money topics and answers questions about financial planning, investments and personal income taxes.

Helen has been following the Lou Pearlman/Trans Continental investment scam since December 2006. Read more about it in this special report and on this blog.

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