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How do I apply for injured spouse relief?

Answer #116 -- ( Published 08/05/2005 10:59 AM | Updated 07/12/2017 10:41 AM )

How do I apply for injured spouse relief?

Illinois does not provide a specific form to request injured spouse relief. If you are married and you filed a joint federal return with your spouse and you are an injured spouse (e.g., your spouse owes a liability, for which you are not responsible, to a government agency), you should file separate Illinois returns using the "married filing separately" filing status. You must divide the income shown on your joint federal return between your separate Illinois returns following the federal Form 8379, Injured Spouse Allocation, Part III. If you file a joint Illinois return, we may take the entire refund to pay your spouse's liability.

If you have already filed a joint Illinois return, and you receive

  • a notice telling you that all or a portion of your refund is being offset to satisfy an IDOR tax liability, you may request a refund of your portion of the overpayment by filing Form IL-1040-X, Amended Individual Income Tax Return.
  • a notice telling you that all or a portion of your refund is being offset to another agency, you must contact that agency for information on obtaining your portion of the refund. The notice of offset you receive will tell you how to contact the other agency.

For more information, see Publication 125, Injured and Innocent Spouse Relief.

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