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posted Feb 24, 2021 7:20:49 PM

Cannot access Injured spouse form 8379

When I search for the injured spouse form 8379 in TurboTax/Tax Tools/Tools/Topic Search, then select Go, the form that comes up is actually 8857 for Innocent Spouse Relief. This does not seem correct. Am I doing something wrong? Thanks.

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1 Replies
Expert Alumni
Feb 24, 2021 7:36:27 PM

Yes, you are on the right track.  You will just need to skip the Innocent Spouse section.  To see instructions how to access Form 8379, click here: Form 8379

 

This form does not go on anywhere on your Form 1040.  It is a separate from IRS will look at for allocation of your tax refund between you and your spouse.  

 

You would file an innocent spouse claim is when you are unaware of your spouse deliberately under-reported their tax liability and your spouse's debt or unpaid obligations.  By filing as an innocent spouse (Form 8857), you can be protected from additional taxes, penalties, and interest when the IRS later finds out about the unreported income. 

 

In contrast, an injured spouse is somebody who seeks to protect his or her share of the joint refund in case it gets seized or offset due to the other spouse's debts or unpaid obligations.  You are aware of your spouse's debt.