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Injured Spouse

I live in Minnesota. I filed a 8379 - Innocent Spouse Form with the state in order to get back my part of the taxes withheld for my husband's owed support. I got back some from State. Do I need to file with Federal too?

3 Replies

Injured Spouse

Yes and it is the INJURED spouse form 8379 not the INNOCENT spouse form ... they are very different.  

Injured Spouse

Yes, I meant injured spouse. Thanks for the clarification. The County worker didn't know the answer to this. 

Injured Spouse

Form 8379 lets you (the "injured spouse") get back your portion of a refund from a jointly-filed tax return if it's seized or offset to pay your spouse's debt.   If you did not file it WITH the tax return it can be mailed separately.  


You must file jointly to use this form. Filing an 8379 will delay your federal refund by up to 14 weeks.


To file this form in TurboTax:

  1. Open or continue your return.
  2. Go to Other Tax Situations
  3. Scroll down and select Other Tax Forms 
    1. Report an injured or innocent spouse claim
    2. Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.   Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.    Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is different. Leave those questions blank if you only want to claim injured spouse relief.


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