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d-e-reed6777
Level 1

What happened to my refund

Can we file injured spouse on here
4 Replies
Patrick73
Level 6

What happened to my refund

If your refund was taken due to a debt that you aren't responsible, and you aren't in a community property state, then under most circumstances you can file IRS form 8379 to recover your owed portion of the refund. Since you didn't file it electronically with your return, you'll need to physically mail the form in. 

DaveF1006
Employee Tax Expert

What happened to my refund

Since you have already filed with Turbo Tax, you will need to file an amended return that includes a 8379. here is how to file an amended return.

  1. Sign in to TurboTax.
  2. Scroll down to Your tax return & documents (you may need to select Show), select 2019 and then Amend (change) return.
  • If you only see the option to amend 2018 or earlier, it's because you can't amend an unfiled 2019 return. Instead, just select Pick up where you left off, make your changes, and disregard the rest of these instructions.
  1. Select Amend using TurboTax Online.
  2. Carefully follow the instructions. Don't worry if your refund changes to $0. This is normal on amended returns.

Now before you finish and if you are in your amended return, here is how to access the 8379, injured spouse form.

Here is how to file your injured spouse form on Turbo Tax.

  1.  Now you should be ready to amend your return.  Go to:
  2. At the bottom left of your screen, go to >tax tools>tools>
  3. You will see a topic search >type in 8379 next to the magnifying glass
  4. Answer the questions regarding your injured spouse form
  5. NOTE: if you live in a community property state, you you will need to allocate, income, expenses and credits 50/50. Otherwise if you don't live in a community property state, you have more discretion in allocating items, especially credits.
  6. Once you file this form with your tax return, the IRS will calculate what your portion of the refund is and will issue a separate check in your name. 
  7. When finished, we'll give you instructions for printing and mailing your amended return as amendments can't be e-filed. 

edited 04/14 6;46 PM Pacific Standard time

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Patrick73
Level 6

What happened to my refund

@DaveF1006 

 

Dave, if I'm understanding correctly, he/she can't file WITH their tax return at this point, they are asking where their refund is (as in, they already filed and it was taken). Therefore, they can't file it electronically through your service; they'll need to either obtain a copy of the form, or print it out and physically send it in to the service center in their area.

Ref: https://www.irs.gov/instructions/i8379

Their only other option that would allow them to actually send it in electronically at this point would be a 1040-X, but there's no need to amend the original return if they are only filing Injured Spouse. 

DaveF1006
Employee Tax Expert

What happened to my refund

Patrick: They can still file an amended return with the form 8379 included. I edited my answer above to include the information. 

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