Yes, you can file Form 8379, Injured Spouse Allocation. Please see below:
Form 8379, Injured Spouse Allocation 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, if the IRS approves the form. The Injured Spouse Form
is filed when the overpayment on your jointly filed tax return was (or is
expected to be) applied to a past-due obligation of your spouse.
You must file jointly to use this form. Also,
filing an 8379 will delay your federal refund by up to 14 weeks.
To file this form in TurboTax:
-
Open your return.
(To do this, sign in to TurboTax and click the orange "Take me to
my return"
button.)
- In the Search box (upper right of
program), search for "injured spouse" and then click the
"Jump to"
link in the search results.
- Answer "Yes" to "Do you want
to claim innocent or injured spouse relief?" and carefully follow the onscreen
instructions for Injured Spouse. (click on screenshot below for more detail)
Note: Pay close
attention to the screens, as some of them apply to innocent spouse
relief, which is something else. Leave those questions blank if you only
want to claim injured spouse relief. You will
need to click through several pages of Innocent Spouse questions before you get to the Injured Spouse section.
What if I've already filed
my tax return?
If you've already
filed and your return has been accepted, you will have to mail the form to the IRS using
TurboTax to create the form.
If you are using
TurboTax Online, open your return and sign in. On the Welcome home screen, select Taxes. On the Tax
Timeline screen, select Amend (change)
return.
If you are filing the Injured Spouse Form on its own
(after e-filing your return), you will mail it to the IRS location for
your state. Include a copy of all W-2 forms and any 1099 forms
showing federal tax withholding, for both spouses. You can find the
mailing address for your location using this link (use the 'not including a
payment' address): https://www.irs.gov/uac/where-to-file-paper-tax-returns-with-or-without-a-payment
If you are using the
CD/Download product, open your return.
When your return is
open, In the Search box, search for
"injured spouse" and then click
the "Jump to" link in the
search results. Answer Yes to Do you want to claim innocent or injured spouse relief? and
carefully follow the onscreen instructions for Injured
Spouse.
See more information below from the IRS:
IRS-Seven
Facts about Injured Spouse Relief
