Refund Offset Recovery
Form 8379: Get Your Refund Back
You filed a joint return, but the IRS took the entire refund for your spouse's past-due child support, student loans, or state tax debt. That's where Form 8379 comes in — it calculates and returns your fair share of the refund that was never your debt to pay.
Get Your Free Tax Relief Review
A specialist will review your case and outline your options — completely free.
Get Free Refund Help
Get Your Free Tax Relief Review
A specialist will review your case and outline your options — completely free.
Injured Spouse (8379) vs. Innocent Spouse (8857)
| Feature | Injured Spouse — Form 8379 | Innocent Spouse — Form 8857 |
|---|---|---|
| Problem | Joint refund offset by BFS for spouse's separate debts (child support, student loans, state tax) | Joint tax liability you should not be responsible for because your spouse caused the error |
| What You Get | Your share of the joint refund — calculated based on your income and tax payments | Relief from joint tax liability, penalties, and interest for the tax periods in question |
| Debts at Issue | Non-tax debts (child support, federal/state agency debts, student loans, unemployment comp) | Understated or underpaid federal income tax on the joint return |
| Still Married? | Can be filed while still married — marital status is irrelevant | Can be filed while married, but Separation of Liability (§ 6015(c)) requires divorce, legal separation, or living apart 12 months |
Recover Your Share of the Refund
We file Form 8379 with the correct allocation calculation and follow up with the Bureau of the Fiscal Service to get your share returned. Free evaluation.