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Level 1
June 1, 2019
Solved

Do I have to amend my return to file for injured spouse after it has been processed?

  • June 1, 2019
  • 1 reply
  • 16 views

 I am trying to file for injured spouse. My return has already been filed and processed by the IRS. It is my understanding that I just mail in the form 8379 to the correct service center with our W-2s. I don't have to file an amended return, right? Also, is there a way to check if they have received the form once I mail it in?

Best answer by DavidD66

No, you don't have to file an amended return to file Form 8379 -Injured Spouse Allocation

You can file Form 8379 with your joint tax return or amended joint tax return (Form 1040X), or you can file it afterwards by itself. File Form 8379 with Form 1040X only if you are amending your original return to claim a joint refund.

If you file Form 8379 separately, please be sure to attach a copy of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding, to Form 8379. The processing of Form 8379 may be delayed if these forms are not attached, if the form is incomplete when filed, or if you attach a copy of your previously filed joint tax return.


1 reply

DavidD66Answer
Level 15
June 1, 2019

No, you don't have to file an amended return to file Form 8379 -Injured Spouse Allocation

You can file Form 8379 with your joint tax return or amended joint tax return (Form 1040X), or you can file it afterwards by itself. File Form 8379 with Form 1040X only if you are amending your original return to claim a joint refund.

If you file Form 8379 separately, please be sure to attach a copy of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding, to Form 8379. The processing of Form 8379 may be delayed if these forms are not attached, if the form is incomplete when filed, or if you attach a copy of your previously filed joint tax return.


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