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Level 2
June 1, 2019
Question

I filed an injured spouse form with my taxes this year (2016) but was claiming for last year (2015) will it still take longer to process this years tax return?

  • June 1, 2019
  • 1 reply
  • 14 views
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    1 reply

    Level 15
    June 1, 2019

    Yes.  The injured spouse will take additional time to process.  If you filed the 2016 Form 8379 with your tax return that was e-filed you have use the most expedient process available for the current year.

    This is a "stand alone" form so if you need to file it for 2015, you can do that now by accessing the form here and using last year's tax return information.  It must be mailed because you cannot e-file a previous year form now.  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)

    Be sure to check the box for the spouse who does not owe any debt as the injured spouse.

    • Reminders:  

      1. If the injured spouse 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.
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    Level 2
    June 1, 2019
    Thank you Diane. If I accidentally filed a 2016 injured spouse form for 2015 should I amend the tax return or wait until it has been accepted?