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Returning Member


This was our first year filing taxes as married filing joint, we got married on Oct of 2018. When I filed our taxes, I did them on individual tax forms as married filing joint, and did one for each of us separate. I know I messed that part up when I submitted mine first electronically and they wouldn't let me submit his and we got the error code ind-508, which I followed the instructions and mailed his in to both state and federal. With his there was an injured spouse form included, due to the fact that I owe past state and federal taxes from 2015. We got a letter 12c from the irs stating they needed copies of his w2's to prove his income (duh on my part) so I submitted those to the irs and the state. We still haven't heard anything from the irs yet but the state took his refund to apply towards my 2015 debt. I have been emailing with someone from the state and I also spoke to someone from the state. The person I spoke to stated that she seen both the returns and that I did send in the injured spouse form but didn't mark the box next to his name showing him being the injured spouse, but I clearly did because I have a printed copy for my records. I was told that my husband would need to send in an email stating the situation and to submit a copy of the injured spouse form showing the box is marked next to his name (she was told this by the supervisor she asked). The person who is emailing me stated there isn't any injured spouse form and she checked our federal transcript and it shows married filing joint and we need to file an amended return as married filing separate and him mark non obligated spouse!!! We don't want to file married filing separate, you don't qualify for all the credits we should get by doing that..thats why we sent in an injured spouse form with our taxes!! HELP, what do I do from here. I sent in the injured spouse form with the taxes and yes I messed up by sending in separate forms for us but I def wasn't the first person and I wont be the last person.....there is an error code for what I did and I followed the steps for it. We filed taxes in Feb and its almost July now and now this is popping up!!

2 Replies
Level 15


First you cannot amend a joint return to file separately after 4/15 ... it is not allowed. 


Next ... seek help from a local tax professional to help you sort out what you did and what needs to be done especially at the state level.  TT support is not able to handle your issue well as the program is really a DIY situation  and you are technically not being audited. 

Level 15


You may know these things already, but just in case:


When you file jointly, you file a single return with all the information for both spouses.  You do not file separate returns when you file jointly.

The Injured Spouse concept applies only to your federal return.  Not every state recognizes Injured Spouse.  States that do recognize it may or may not accept IRS Form 8379.  States may have their own forms.  You should check your own state's tax department website to determine its policies and procedures regarding Injured Spouse.   

It makes no sense to file as Married Filing Separately when you're seeking Injured Spouse relief.  That's because the entire purpose of "Injured Spouse" is to preserve the injured spouse's portion of a joint refund.   That's why IRS Injured Spouse Form 8379 can only be submitted in conjunction with a joint return.

The IRS does not use the terminology "Non-Obligated Spouse."  That terminology is used by some states, including Michigan, Missouri, and New York.  

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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