What to do when they take taxes for new husband's back taxes

[kindheart65]

If I married someone a year ago and he had owed back taxes prior to us getting married and I filed a joint return because I was told they wouldn't take my taxes. What can I do?

[KatherineC · Accepted solution]

You can file Form 8379, Injured Spouse Allocation after you filed!

You will need to mail it to the IRS but you can still use Turbo Tax to prepare the form. 

If you are using Turbo Tax Online, sign back into Turbo Tax.  This will take you to the “Welcome Home” screen. 

• Click the Taxes tab in the upper left part of your Turbo Tax screen. 
  
• On the Tax Timeline, under 2016 look for Amend (change) return and click on it.  You are not actually going to amend your return.
• 
  
• You should be able to click on Federal Taxes
  
• Click on Other Tax Situations
  
• under Other Tax Forms, click on the button beside Miscellaneous Tax Forms. 
  
• Click the button beside “Report an injured or innocent spouse claim”. 
  

Work through the screens carefully.  You need to answer the injured spouse questions – not innocent spouse.

When you have completed the form, you will need to print the form and mail it to the IRS.  Please go to the link below and look at “Where to File”.  It would be a good idea to read the whole link as it has great information.

https://www.irs.gov/pub/irs-pdf/i8379.pdf