Refund Offset and Injured Spouse
Refund Offset and
Injured Spouse
What is a refund offset?
All or part of a tax refund overpayment applied (offset) to a past-due, legally enforceable debt:
? Federal tax debts
? Other Federal and state-related debts
Types of Refund Offsets
Federal Tax Debt ? Business Tax Account ? Individual Tax Accounts
Treasury Offset Program (TOP) Debt ? Office of Child Support Enforcement ? Federal Agencies such as Education, Social Security, etc: ? State tax obligations
What is an Injured Spouse ?
An injured spouse is an individual:
who files a joint tax return (Form 1040) and
all or part of the refund overpayment was, or is, expected to be applied to a past-due obligation of the other spouse and
the non-obligated spouse wants his/her share of the joint refund.
Injured Spouse Eligibility Requirements
The injured spouse: ? is not required to pay the past-due amount, and ? will report income, or ? will report payments.
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