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Individual Income

Injured Spouse Claims
     including spouses of civil union and civil marriage

Does your spouse/civil union partner owe money to VT state or Federal agency or tax agency of another state and you file a joint tax return? If your spouse/civil union partner is the one responsible for the debt, you may file an "injured spouse" claim for your portion of the refund. Your portion of the income tax refund is the percentage of your income to the combined income of you and your spouse/civil union partner.

You will receive a notice from the Department if the income tax refund is offset. You have 30 days from the date on the notice to submit the injured spouse claim to the Department.

To make an "injured spouse" claim, send the following information separately from your return (1) the request letter; (2) copy of Federal Form 8379, if one was filed with the IRS; (3) if self-employed, copy of Federal income tax return with Schedules C and SE. Electronic filers must also send copies of income statements such as W-2, 1099, etc.

Mail to:

Vermont Department of Taxes
ATTN: Injured Spouse Unit
PO Box 1645
Montpelier, VT 05601-1645

Electronic filers may be asked for copies of W-2, 1099 or other payment statements.

Taxpayer Information Line:
1.866.828.2865 (Toll-free in VT)
or 802.828.2865 (Local & Out-of-State)




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Vermont Department of Taxes, 133 State Street, Montpelier, Vermont 05633-1401