You'll need to sign in or create an account to connect with an expert.
First, you keep mixing up injured and innocent spouse.
Form 8379 Injured spouse allocation is used only when you file a joint return and your goal is to protect your share of a refund from past debts of a spouse.
Form 8857 Innocent spouse relief is used only after you are divorced, and you are being held responsible for taxes owed, or fraud, that occurred on joint return during the marriage, and you want to argue that you should not be jointly responsible -- for example, if you claim your spouse committed fraud in secret and you didn't know about it.
Second, you must report all your joint income, even if the amount is small.
If you already filed, wait until your tax return is processed and your refund is paid, whether or not you included the injured spouse form. (If the entire refund is held for your spouse's debts, it will still show as paid, just not to you.)
Then, file an amended return to add your spouse's missing income. If your first claimed refund was offset, you can add the injured spouse form at that time.
2018 amending software won't be available until sometime in March.
Amend https://ttlc.intuit.com/replies/3288565
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
upsraghu
New Member
arthur_t
Returning Member
HollyP
Employee Tax Expert
jackkgan
Level 6
user17719824831
Returning Member