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I have always submitted an injured spouse form successfully with the IRS since 1998. After the questionnaire, its stating that I cannot place claim, not accurate.

 
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3 Replies
maglib
Level 11

I have always submitted an injured spouse form successfully with the IRS since 1998. After the questionnaire, its stating that I cannot place claim, not accurate.

Innocent or Injured Spouse Relief are 2 different things.  <a rel="nofollow" target="_blank" href="https://www.irs.gov/uac/injured-or-innocent-spouse-tax-relief">https://www.irs.gov/uac/injured-or-in... see if you qualify.
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I am NOT an expert and you should confirm with a tax expert.

I have always submitted an injured spouse form successfully with the IRS since 1998. After the questionnaire, its stating that I cannot place claim, not accurate.

I know I qualify I have been completing the Injured Spouse Relief 8379 Form successfully with the IRS since 1998.  I think I'm not doing something right in the Turbo Tax Application because it's telling me I don't qualify and I know that I do. I am not required to pay my husband's past debt for child support prior to our marriage, and I know I qualify and entitled to the refund where I personally contributed Federal Taxes that should not be applied to a past debt prior to our marriage.  What am I doing wrong in Turbo Tax that it is telling me that I do not qualify is really the question.
DianeW
Expert Alumni

I have always submitted an injured spouse form successfully with the IRS since 1998. After the questionnaire, its stating that I cannot place claim, not accurate.

There may have been a question answered incorrectly or you selected the wrong spouse as the injured spouse.  You can use the tips below to assist.

While you are signed into your TurboTax account you can find the injured spouse using the steps here.

  • Use the search box in the upper right > Search for injured spouse Jump to injured spouse 
    • (continue past the innocent spouse questions)
    • The information below will assist in making sure you have it all ready to go with the return.

Reminders and Tips:  

  1. Select the correct person as the injured spouse (the one without any d
  2. If the injured spouse is the only one with income all of the refund will be released after IRS review of the Form 8379.  
  3. If you are not in a community property state, and both of you have income, you can divide exemptions up any way you see fit. It is possible the IRS may make some adjustments based on the income levels for each of you.  Let them do that when they receive it. 
  4.  If you do live in a community property state, community income would be split equally between the two spouses.  With respect to deductions, the deductions would be split depending on whether the expenses related to community income or separate income.
    1. There are nine community property states: Arizona, California, IdahoLouisianaNevadaNew MexicoTexasWashington and WisconsinAlaska is an opt-in community property state that gives both parties the option to make their property community property.
  5. The standard deduction must be split between you so you can't change that part.  For itemized deductions you can put those under the injured spouse.   
  6. Please note, this will cause your return to take longer to process.  Per the IRS, 11 weeks for an e-filed return and 14 weeks for a mailed return. (estimated)
  7. Review the screenshot attached for the initial important answers.
  8. Click the link here to find the mailing address for your area.  Where to File Paper Returns With or Without a Payment
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