2003 Tax Help Archives  

Keyword: Refund

This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.


1.1 IRS Procedures: General Procedural Questions


What can I do to avoid errors on my tax return in order to receive my refund as quickly as possible?

Refer to Tax Topic 303, Checklist of Common Errors When Preparing Your Tax Return, to assist you in double checking your math and your entire return to help eliminate any delays in receiving your refund.

References:

  • Tax Topic 303, Checklist of Common Errors When Preparing Your Tax Return

1.3 IRS Procedures: Amended Returns & Form 1040X


I still haven't received my refund, but it is bigger than it should be because I've discovered I made a mistake on my return. What should I do?

It depends on the type of mistake that was made on the return. Mathematical errors are often corrected in the initial processing of the return itself. Allow the service to process the return, and if necessary make changes using Form 1040X (PDF), Amended U.S. Individual Tax Return. Include copies of any schedules that have been changed or any Form W-2 you did not include.

To avoid owing interest on any amounts you owe you must file the Form 1040X and pay the balance owed before the due date of the return. Wait until you get the original refund check, or until the due date of the return, whichever is earlier, to file the Form 1040X and pay the additional tax. Send a check or money order for the full amount payable to the United States Treasury. On your payment include your name, address, daytime phone number, social security number, the tax year, and type of return.

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I received a refund that is more than I should have received because I've discovered I made a mistake on my return. I have not yet cashed this check. What should I do now?

Many mistakes are corrected in processing and a letter of explanation is mailed at the time the refund is issued. If the mistake was not corrected in processing, you need to file an amended or corrected return using Form 1040X (PDF) , Amended U.S. Individual Income Tax Return, as soon as possible. Include copies of any schedules that have been changed or any Forms W-2 you did not include. If you return the refund check with a letter of explanation, a refund in the correct amount will be issued when the amended return processes.

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I went ahead and cashed my refund check, but it was for more than I should have received because I've discovered I made a mistake on my return. What should I do now?

You need to file an amended or corrected return using Form 1040X (PDF), Amended U.S. Individual Income Tax Return, as soon as possible. Include copies of any schedules that have been changed or any Forms W-2 you did not include. Send a check or money order for the full amount payable to the United States Treasury. On your payment, be sure to include your name, address, daytime phone number, social security number, the tax year, and type of return. Your payment should be made on or before the due date of the return to avoid penalties and interest.

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I should receive a bigger refund than I claimed on my return. I haven't received the check yet. What should I do?

You need to file an amended or corrected return using Form 1040X (PDF), Amended U.S. Individual Income Tax Return. Include copies of any schedules that have been changed or any Forms W-2 you did not include. You should wait to receive your first check before you file your 1040X, but do not wait longer than 3 years from the original due date of your return.

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How long will it take to receive a refund check for an amended tax return?

You should allow up to 12 weeks for the processing of your amended return and receipt of your refund check.

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Can you have an amended return refund deposited into a bank account?

No, if you are due a refund from your amended return, you will receive a paper check.

References:

How can I check the status of my amended return?

You will need to contact our assistance line at (800) 829-1040 to receive information on the processing of your amended return. Amended/corrected returns are processed as quickly as possible. However, it could take 8 to 12 weeks to process an amended return.

References:

If I call the automated tax line to check the status of a refund on an amended return, do I enter the total amount of my original refund, or only the amended amount?

You cannot check the status of a refund for an amended return on the automated tax line. You must call (800) 829-1954. Amended/corrected returns are processed as quickly as possible. However, it may take 8 to 12 weeks or longer to process the return.

References:

1.7 IRS Procedures: Extensions


If you need an extension to file past April 15th and know that you will receive a refund after completion, do you still have to fill out Form 4868?

Yes, you should file a Form 4868 (PDF), Application for Automatic Extension of Time To File U.S. Individual Income Tax Return, to extend your time to file even if you are due a refund.

If there is a subsequent adjustment to a late filed return that results in an underpayment of tax, you may be assessed a penalty for failure to file on time. The penalty is usually 5% for each month or part of a month that the return is late, but not exceeding 25%. An example of a subsequent adjustment that results in an underpayment of tax is an examination of your return with changes that increase your total tax owed.

References:

  • Publication 17, Your Federal Income Tax
  • Form 4868 (PDF), Application for Automatic Extension of Time To File U.S. Individual Income Tax Return

1.9 IRS Procedures: Injured & Innocent Spouse


Is there a form for receiving the no-fault spouse's portion on a joint return when one spouse owes child support?

Yes, Form 8379 (PDF), Injured Spouse Claim and Allocation, is the form used to request your portion of a joint refund.

References:

My ex-spouse is delinquent in paying child support. The attorney general has filed some sort of paperwork with the IRS to withhold my ex-spouse's tax refund. How would I receive the withheld refund?

The answer is different for each state. You need to contact the state link to the U.S. Department of Health and Human Services Administration for Children & Families Office of Child Support Enforcement where you live to get this information.

References:

When should I file the Form 8379?

You can file Form 8379 (PDF), Injured Spouse Claim and Allocation, with your joint return or after you have filed. If filed with your return, attach the form to the return in the order of the attachment sequence number and enter "Injured Spouse" in the upper left corner of the return. If you have already filed your joint return, mail Form 8379 by itself to the same IRS Service Center where you lived when you filed your joint return. Be sure to include copies of all Form W-2 (PDF) Form W-2G (PDF) both spouses and any Form 1099-R (PDF) showing income tax withheld.

References:

  • Form 8379 (PDF), Injured Spouse Claim and Allocation

Is there any way to find out if I need to file an injured spouse claim before I file a return?

Your spouse can ask the agency that might be claiming the refund for a past-due debt. Another source of information is the Financial Management Service Help Desk at (800) 304-3107.

References:

  • Form 8379 (PDF), Injured Spouse Claim and Allocation

My spouse's refund is to be held by the government. Can I file separate or is there an injured spouse clause that I can file to receive my share of the refund?

You can file separate or you can file a joint return with a request for injured spouse relief. To file for injured spouse relief, you need to file Form 8379 (PDF), Injured Spouse Claim and Allocation. Attach the form to the return in the order of the attachment sequence number and enter "Injured Spouse" in the upper left corner of the return. If you have already filed your return you can file Form 8379 by sending it separately to the same IRS Service Center where you filed your return.

References:

  • Form 8379 (PDF), Injured Spouse Claim and Allocation

I live in a community property state. Can I file a Form 8379?

Yes, but only if you are not the spouse required to pay the past-due debt. Overpayments involving community property states will be allocated according to state law.

References:

1.11 IRS Procedures: Notices & Letters


I got a notice from IRS saying they changed my account and I am due an additional refund, but I haven't received the check yet. What should I do?

Allow at least six weeks from the date of the notice, for your refund to be mailed to you. We could not include the check with your notice, because checks are processed in a different location and mailed by a different system. If it has already been longer than six weeks, please call us at the toll-free number listed on your notice. If possible, please have a copy of the IRS notice and a copy of your tax return when you call.

1.12 IRS Procedures: Refund Inquiries


How long does it take after you've filed to receive a refund?

If you e-file opting for direct deposit and have not received your refund within 3 weeks after filing your return (eight weeks if you filed a paper return opting for a paper check), you can check your refund status by logging onto www.irs.gov. Click on "Where's My Refund" then go to "Get My Refund Status." Or, you can call the Refund Hotline at (800) 829-1954. Be sure to have available a copy of your current tax return because you will need to know your social security number shown on your return, the filing status and the exact whole dollar amount of our refund. If you have requested direct deposit, the refund should take one week less time to be issue as opposed to getting a paper check.

How long does it take to get a refund back by direct deposit?

If you e-file with direct deposit and have not received your refund within three weeks after filing your return (five weeks if you filed paper with direct deposit), you can check your refund status by logging onto www.irs.gov. Click on "Where's My Refund" then go to "Get My Refund Status." Or, you can call the Refund Hotline at (800) 829-1954. Be sure to have available a copy of your current tax return because you will need to know your social security number shown on your return, the filing status and the exact whole dollar amount of our refund.

Can you direct deposit your refund into someone else's bank account if you do not have a bank account?

No. The account has to be in your name.

Will I be notified when my direct deposit is made or will I have to check with my bank to find out?

You will need to contact your bank to determine when the deposit was made. The deposit will be recorded on your bank statement. However, if you use an automated system to check on your bank account balance, you will know that your refund has been deposited when your balance has increased by the amount of your expected refund.

Can I check my refund status via Internet?

You can now check the status of your refund via Internet. Access the IRS website at www.irs.gov and follow the links to check your refund status. You must provide your social security number, filing status, and refund amount.

How can I check on the status of my refund?

Refund information does not become available until it has been 6 weeks since you filed your tax return (3 weeks if you filed electronically or through TeleFile). After waiting the appropriate number of weeks, the fastest, easiest way to find out about your current year refund is to log onto www.irs.gov. Click on Where's My Refund then go to Get My Refund Status or you can call Refund Hotline at (800) 829-1954. Be sure to have a copy of your current tax return available because you will need to know your social security number shown on your return, the filing status and the exact whole dollar amount of our refund. The IRS updates refund information every seven days. Refer to Tax Topic 152, Refunds - How Long They Should Take, for additional information.

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I still owe taxes from a previous year and am getting a refund this year. I would like to apply this refund to the taxes I owe. How do I go about doing this?

You may not get all of your refund if you owe certain past-due amounts, such as federal tax, state tax, a student loan, or child support. Your refund will automatically be applied to any outstanding balances.

Can my refund be used to pay other debts?

Under the law, state and Federal agencies refer to the IRS the names of taxpayers who are behind in their support payments, taxes, and loans. Your tax refund may not be refunded to you if you are delinquent in child or child and spousal support payments, have a past due Federal debt (such as a student loan), or owe state income taxes. Therefore, your refund will be used to pay other debts you owe. For additional information, refer to Tax Topic 203, Failure to Pay Child Support and Other Federal Obligations.

References:

  • Tax Topic 203, Failure to Pay Child Support and Other Federal Obligations

Can a person receive a tax refund if they are currently in a payment plan for prior year's federal taxes?

As a condition of your agreement, any refund due you in a future year will be applied against the amount you owe. Therefore, you may not get all of your refund if you owe certain past-due amounts, such as federal tax, state tax, a student loan, or child support. The IRS will automatically apply the refund to the taxes owed. If the refund does not take care of the tax debt; you must continue the installment agreement.

If you are under a Chapter 13 bankruptcy plan and due a refund, do you still get it?

Whether a refund will be sent to you, the trustee, or offset against outstanding liabilities will depend on local bankruptcy rules, the terms of your Chapter 13 plan, as well as the individual facts and circumstances of your case.

I lost my refund check. How do I get a new one?

Call the IRS a (800) 829-1954. If your refund check has not been cashed, we can normally provide a replacement within six to eight weeks. If your refund check has been cashed, the IRS will provide a copy of the check and an Form 1310 (PDF), to initiate a claim. The signature on the cancelled check will be reviewed before determining whether another refund can be issued.

Do you have to meet the tax filing deadline if you are getting a refund?

While you can file the original tax return at any time, the amount of any refund cannot be more than any tax paid within the three-year period (plus any extension of time for filing your return) immediately before you filed the claim. (The time you file your claim will be based on the postmark date for this purpose). Income tax withheld from wages and estimated income tax payments (made before the due date without regard to extensions of the original return) are considered paid on the due date.

If there is a subsequent adjustment to a late filed return that results in an underpayment of tax, you may be assessed a penalty for failure to file on time. The penalty is usually 5% for each month or part of a month that the return is late, but not more than 25%. An example of a subsequent adjustment that results in an underpayment of tax is an examination of your return with changes that increase your total tax owed.

I filed a joint return and am expecting a refund. What happens if one party forges the signature to get the refund?

In cases where there is a family dispute over the proceeds of a refund, you can request a copy of the front and back of the cancelled refund check that was issued in your name. You can also request a copy of the original tax return filed under your name. Call (800) 829-1040 and follow the IRS representative's instructions for verifying the signature on your tax return or cancelled refund check.

Is it possible to find out if a federal tax refund check has been cashed?

If you need to know whether a federal tax refund check that was issued to you has been cashed, you can call (800) 829-1954 and request Form 3911 (PDF), Taxpayer Statement Regarding Refund.

If you are inquiring about a check that was issued to someone other than yourself, the IRS is not allowed under the Privacy Act of 1974 to disclose any information.

References:

  • Form 3911 (PDF), Taxpayer Statement Regarding Refund

Does IRS permit the U.S. Post Office to forward refund checks?

Yes, however many U.S. Post Offices choose not to forward refund checks. You should check with your local Post Office for their procedures.

My ex-spouse owes me child support. How can I find out if he has filed and if I will receive his federal refund this year?

An individual's tax return is protected under the Privacy Act of 1974. Therefore, the IRS is restricted from releasing information concerning your former spouse's account. However, if your state office of child support enforcement has notified the Treasury of a past-due child support obligation, the refund will be offset to pay the debt.

References:

If our tax refund is being taken for back child support my husband owes, how can I file to get back or keep my portion of the refund?

When a joint return is filed and only one spouse owes past-due child support, the other spouse can be considered an injured spouse and can request his or her share of the joint refund. If this situation applies to you, file Form 8379 (PDF), Injured Spouse Claim and Allocation, to recover your share of the joint refund.

You are considered an injured spouse if you:

  • file a joint tax return,
  • have reported income (such as wages, interest, etc.)
  • have made and reported tax payments (such as withholding), or claimed the earned income credit or other refundable credit, and
  • have an overpayment, all or parts of which may be applied against the past-due amount.
  • Refer also to our Frequently Asked Question section on Injured Spouse in the IRS Procedures section.

    References:

    • Form 8379 (PDF), Injured Spouse Claim and Allocation
    • Tax Topic 203, Failure to Pay Child Support and Other Federal Obligations

    What is the legal procedure I need to follow in order to obtain my ex-spouse's tax refund or refunds due to unpaid child support?

    You must file a claim with your local office of child support enforcement. For more information, follow the state link at the U.S. Department of Health and Human Services Administration for Children & Families Office of Child Support Enforcement.

    References:

    The Child Support Enforcement Agency said I would get my ex-spouse's federal income tax refund if he has one. He owes me child support. I still have had no word about any refund. How can I find out if he filed at all this year?

    An individual's tax return is protected under the Privacy Act of 1974. Therefore, the IRS is restricted from releasing information concerning your former spouse's account. However, if your state office of child support enforcement has notified the Treasury of a past-due child support obligation, the refund will be offset to pay the debt.

    References:

    If I file jointly and my husband owes back child support, will my refund be applied towards his obligation until his debt with children services is paid?

    If you are due a refund but have not paid certain amounts you owe, such as child support, all or part of your refund can be used to pay all or part of the past-due amount. This applies to a joint return. When a joint return is filed and only one spouse owes past-due child and spousal support or a federal debt, the other spouse can be considered an injured spouse and can request his or her share of the joint refund. If this situation applies to you, file Form 8379 (PDF), Injured Spouse Claim and Allocation, to recover your share of the joint refund. You must have received income such as wages, have made tax payments such as withholding, and report the income and tax payments on the joint return.

    References:

    • Form 8379 (PDF), Injured Spouse Claim and Allocation
    • Tax Topic 203, Failure to Pay Child Support and Other Federal Obligations

    4.4 Interest/Dividends/Other Types of Income: 1099 Information Returns (All Other)


    I received a Form 1099-G, for my state tax refund. Do I have to include this amount as income on my return?

    I received a Form 1099G (PDF) , for my state tax refund. Do I have to include this amount as income on my tax return?

    If you did not itemize your deductions on your Federal tax return for the same year as the state or local tax refund applies to, do not report any of the refund as income.

    If you itemized deductions on your Federal tax return for 2002, and received a refund of state or local taxes in 2002, you may have to include all or part of the refund as income on your 2003 tax return. Report your taxable State or Local Refunds on Form 1040, Line 10. You cannot use Form 1040A or 1040EZ. Refer to Tax Topic 405, Refund of State and Local Taxes , and Publication 505 , Taxable and Nontaxable Income , for further information.

    References:

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