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New Member
posted Jun 6, 2019 7:32:00 AM

I need help i filed injured spouse form and i think i may have got an answer wrong and i should of answered yes to a question and i didn't will they catch the mistake or do i have to contact the irs?

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5 Replies
Expert Alumni
Jun 6, 2019 7:32:02 AM

If you are unsure as to whether you answered the questions correctly you can file a new Form 8379, Injured Spouse immediately and mail it to the IRS.  It is a form that can be signed and filed by itself.  It will not further delay your refund and may even speed up the process versus waiting to see if the first one was completed correctly.  If it is wrong they will simply disregard it.

This is a "stand alone" form so if you want to file it for 2017, or you need to correct the one you did file, you can do that now by accessing the form here.  Then use your tax return information.  It must be mailed because you cannot e-file it again.  Use the link here to access the form and instructions:  

  1. Click here for Form 8379 Instructions 
  2. Form 8379-Injured Spouse (type in the year at the top, be sure to sign it and include W2 copies)

Be sure to check the box for the spouse who does not owe any debt as the injured spouse, and you must carefully answer all questions.

  • Reminders:  

    1. If the injured spouse (the one with no debt)  is the only one with income all of the refund will be released after IRS review of the Form 8379.  
    2. 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.  The standard deduction must be split between you so you can't change that part.
    3.  If the injured spouse has no income on the tax return the refund will not be released.
    4. Where to File Paper Returns With or Without a Payment  (click this link for the address for your area).

Returning Member
Feb 24, 2020 1:35:36 PM

I just filled out the injured spouse and not sure I did correctly - I am 1099 and my income was negative my husband was 1099 and only one of us that paid taxes.

Expert Alumni
Feb 24, 2020 2:43:41 PM

You should wait until the IRS processes your Injured Spouse request.  If there is an error affecting your request you will be notified by the IRS and can make any corrections based upon their message.

Level 1
Mar 5, 2020 6:09:27 AM

I filled out everything correctly except on line 20 where i assumed that was the refund amount I wanted returned to me since I am the IS i put the refund amount in.  Do I need to resend another 8379 or will they disregard that part since there is no Schedule 3 payments attached to my 1040.  My refund was offset 2/26/20.

Expert Alumni
Mar 5, 2020 7:27:36 AM

You'll need to wait until your original injured spouse claim is processed to complete and file an amended version.

The IRS will make its own computation of your portion of the refund, based on the information you’ve provided on Form 8379.  It’s possible that the IRS’s figure will match yours, even with the mistake on your form.

Once the IRS has processed your original Form 8379, you’ll receive a notice from them.  Then you should respond if their amount doesn’t match yours.

Be sure to attach a cover letter to the form explaining that this is an amended Form 8379, and, on the form itself, in the blank space at the top, I'd suggest writing "Amended."  Explain the error you made on your original submission.