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Form 8379, Injured Spouse allocation, is used when a spouse has a debt that may result in your having the other spouse's federal tax refund used to pay the debt. You don't have to file separately to request that your portion of any tax refund not be used to pay this debt.
Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt.
You must file jointly to use this form. Also, filing an 8379 will delay your federal refund by up to 14 weeks.
*To enter Injured Spouse information:
- Go to Federal Taxes on the left side of your screen.
- Go to the Other Tax Situations tab on the top of your screen.
- Choose Miscellaneous Tax Forms.
- Click Start on Report an injured or innocent spouse claim.
- On the next screen, say yes, you want to file an innocent or injured spouse claim.
- On the Innocent and Injured Spouse Relief screen, click Continue (you are not filing for innocent spouse relief).
- On the next screen, once again click Continue.
- The next screen is Let's See if You Qualify for Injured Spouse Relief. Select your state, if it isn’t pre-selected. Answer the question on the next screen and continue.
- Be careful on the next screen Tell Us More About Your Situation to select everything that applies to you. it’s important that you are filing a joint return, that there is some debt of your spouse that may reduce your refund (you can choose more than one) and that you are not liable for this debt. Without all three factors, you won’t qualify for injured spouse treatment.
- Continue entering information from your return.
Make sure you answer the questions for Injured Spouse, not Innocent Spouse.
Form 8379, Injured Spouse Allocation, will be filed along with your tax return.
