Updated 02/08/2013 01:42 PM   |   ID# 1662

Withholding an income tax refund to offset an overpayment

Can the government withhold my income tax refund to offset my spouse's Social Security overpayment?


By law, Social Security can garnish federal income tax refunds to recover overpayments. If the Internal Revenue Service (IRS) withheld your joint tax refund to recover your spouse's overpayment and you want to claim your portion of the refund, file Form 8379, Injured Spouse Allocation with IRS.

If you have questions about your withheld refund, contact the IRS at 1-800-829-1040.

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