Tax Relief Counsel:

Injured Spouse Relief Lawyer

As an injured spouse relief lawyer, I’m your shield against injustice. I’m committed to safeguarding your share of your joint tax refund, offering peace of mind, and protecting your financial well-being.

Trusted Spouse Relief Lawyer in Washington, D.C.

Trusted Spouse Relief Lawyer in Washington, D.C.

At Tax Relief Counsel, we understand the emotional and financial toll disputes over tax refunds can take on hardworking people and their families. Our dedication to your financial security is unwavering.

As your trusted injured spouse relief legal team in D.C., we’ll pursue a fair outcome on your behalf, ensuring that you receive your rightful portion of your joint tax refund. Our dedication goes beyond legal know-how. It’s about standing with you during a challenging time, providing support and guidance, and working toward a favorable resolution.

We’re more than just legal advocates. We’re your partners in reclaiming control over your finances and your life. Schedule a free consultation today to help us better understand your needs.

What Is Injured Spouse Relief?

Injured spouse relief is a tax provision that allows a spouse to claim their share of a tax refund that was used to pay the other spouse’s past-due debts. The Internal Revenue Service (IRS) provides Form 8379, Injured Spouse Allocation, for this purpose.

According to the Taxpayer Advocate Service, you may be considered an injured spouse if your share of the refund on your joint tax return was or is expected to be applied against a separate past-due debt.

Who Qualifies for Injured Spouse Relief?

To qualify for injured spouse relief, you must meet certain criteria set by the IRS. You may be eligible for relief if the following conditions apply to your situation:

  • You Filed a Joint Tax Return: Injured spouse relief is only available to taxpayers who have filed a joint federal income tax return with their spouse.
  • You Aren’t Responsible for the Debt: You must demonstrate that the debt for which the refund offset is occurring belongs solely to your spouse.
  • You’ve Overpaid on Your Taxes: You must also have overpaid your taxes for the tax year in question, resulting in an income tax refund that’s subject to offset.
  • You Can Prove Your Portion: Lastly, you must be able to establish the portion of the refund that’s attributable to your income, deductions, and tax payments.

Each case is unique, so it’s advisable to consult a qualified tax attorney to determine your eligibility and navigate the process correctly.

What Tax-Related Issues Can Injured Spouse Relief Help With?

What Tax-Related Issues Can Injured Spouse Relief Help With?

Injured spouse relief can be helpful for a variety of tax-related issues where a joint tax refund is subject to offset (withholding) to satisfy the tax debts or obligations of one spouse. Specific examples include:

Unpaid Child Support

If your spouse owes past-due child support payments, and your joint tax refund is being intercepted to cover these arrears, injured spouse relief can protect your share of the refund.

Unpaid Federal Student Loans

Injured spouse relief may be applicable when your spouse has defaulted on federal student loans and the IRS withholds your joint refund to repay them.

Spousal Tax Debts

If your spouse has outstanding federal tax debts, such as back taxes, penalties, or interest, and the IRS seizes your joint refund to satisfy these obligations, injured spouse relief can help safeguard your portion of the refund.

State Tax Obligations

Some states have similar provisions to injured spouse relief for state tax refunds. If your state has such a provision, and your joint state tax refund is subject to offset, you may qualify for relief.

Other Federal Debts

In certain cases, federal obligations other than taxes or student loans may lead to refund offsets. Injured spouse relief can be valuable if these obligations affect your share of the joint refund.

It’s important to note that injured spouse relief primarily addresses the allocation of tax refunds and the protection of the innocent spouse’s share. It doesn’t eliminate or reduce the overall tax debt or obligations — it only ensures that the injured spouse’s portion of the refund isn’t subject to seizure.

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As an injured spouse, you deserve relief from your tax burdens. Our skilled tax relief attorney is here to offer assistance. Request a free, no-obligation case review today.

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How Do I File for Injured Spouse Relief?

The process of petitioning for injured spouse relief involves three primary steps, which are as follows.

1. Submit the Appropriate Forms

Start by obtaining Form 8379, Injured Spouse Allocation. Fill out the form completely and accurately, detailing your income, deductions, and tax payments. Specify the respective refund portions for each spouse and attach a copy of the jointly filed tax return to Form 8379.

2. Gather Documentation

Next, you’ll need to collect supporting documents that validate your claim. These documents should establish your and your spouse’s financial separation and affirm your rightful share of the refund. Examples include pay stubs, W-2 forms, rental agreements, bank statements, and records of individual expenses.

3. Await an IRS Review

Once the IRS receives your form and accompanying documentation, it will initiate a review. During this phase, IRS officers will evaluate the accuracy of your claim and your eligibility for injured spouse relief. Be prepared for potential inquiries or follow-up correspondence.

What Are the Potential Challenges and Pitfalls for Injured Spouse Relief?

Numerous challenges may arise on your journey to secure injured spouse relief. Here are a few of the most common:

  • Incomplete Documentation: Insufficient or inaccurate supporting documentation can hinder the process.
  • IRS Communication: Communication with the IRS can be slow and difficult, especially when it comes to complex tax matters.
  • Proving Lack of Responsibility: Being able to demonstrate non-responsibility for your spouse’s debts is crucial, and you must provide strong evidence to support your claim.
  • Understanding Tax Laws: Failure to fully understand or operate within the tax laws relevant to your case can lead to delays or rejection.
  • Marital Status Changes: Changes in marital status can complicate your claim.
  • Negotiating Relief: In some cases, it may be necessary to negotiate terms with the IRS — an experienced tax attorney can be indispensable during these discussions.

Avoiding these potential obstacles often requires professional legal guidance. Consult the knowledgeable tax attorney at Tax Relief Counsel to ensure that your injured spouse relief claim is handled effectively.

How Our Tax Relief Attorney Can Help You

Ramy Shabana, lead attorney and founder of Tax Relief Counsel, has ample experience helping honest taxpayers obtain injured spouse relief. Here’s how he can help you:

  • Initial Evaluation

    Ramy will begin by assessing your eligibility for relief and helping you understand your rights and legal options.

  • Document Preparation

    Our team will assist you in gathering and organizing the documentation required to support your injured spouse claim

  • Form Filing

    We’ll complete and file Form 8379 on your behalf, ensuring compliance with key IRS requirements.

  • Communication

    Our team can also oversee all necessary communication with the IRS, taking care of inquiries, requests for information, and term negotiations.
  • Timely Resolution

    We’ll work diligently to expedite the resolution of your injured spouse relief claim.

Our skilled tax attorney is always ready to provide dependable legal guidance and effective representation, no matter what complications a client’s case may present.


Why Choose
Tax Relief Counsel?

When you retain the services of the injured spouse relief lawyer at Tax Relief Counsel, you’ll benefit from the following advantages.



What’s the difference between an injured spouse and an innocent spouse?

An injured spouse is one who has had their share of a joint tax refund seized or applied to their spouse’s outstanding debts, which might include child support, student loans, or unpaid taxes. Injured spouse relief allows them to claim their portion of the refund.

By contrast, an innocent spouse is someone who was unaware of or had no reason to know about inaccuracies, omissions, or false information when filing a joint tax return. Innocent spouse relief can protect them from liability for their spouse’s erroneous reporting.

What if my injured spouse claim is denied?

If your claim is rejected, you have the right to appeal the decision. You can request an appeal within 30 days of the date of the IRS’s denial notice.

It’s highly recommended that you seek assistance from a reputable tax attorney. Contact Ramy Shabana at Tax Relief Counsel to set up a free, no-obligation consultation.

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Contact Tax Relief Counsel today to discuss your situation with a trustworthy professional and get the relief you deserve.