Question

Will filing an IT-280 form delay my Fed refund?

Forum|Forum|1 year ago
March 2, 2025
1 reply
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This is the first year I filed an IT-280 form with NYS however when I tried to file a 8379 form for my federal taxes, it stated I didn't qualify. Will this create a problem? Will it delay both my fed/state refunds or just NYS?

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SabrinaD2

Your federal and state returns, though often filed together, are processed separately by the IRS and the state Department of Revenue. Thus, filing Form IT-280 (Innocent Spouse Allocation) with New York State should not delay your federal refund since it deals specifically with NYS.

However, if you tried to file Form 8379 (Injured Spouse Allocation) for your federal taxes but were told you don't qualify, it may mean the IRS determined that your portion of the refund is not at risk of being offset.

For more information, you can refer to the IRS Instructions for Form 8379 and the NYS Department of Taxation and Finance Instructions for Form IT-280.