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Hi! my husband has a large student loan debt to pay off. it will take our entire joint refund to off set the debt. i dont want this. and the innocent or injured spouse form is no guarantee to let us k

 
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Heather14
New Member

Hi! my husband has a large student loan debt to pay off. it will take our entire joint refund to off set the debt. i dont want this. and the innocent or injured spouse form is no guarantee to let us k

Form 8379 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.

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:

  1. Open your return. (To do this, sign in to TurboTax and click the Take me to my return button.)
  2. In the search box, type in "injured spouse" and then click the "Jump to" link in the search results.
  3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions for Injured Spouse.

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 could choose to file Married Filing Separately, if you do, you will not enter his income information in your return. However, if you live in a community property state, you do need to disclose the income and deductions being reported on the other spouse's return, per the instructions linked below:

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

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1 Reply
Heather14
New Member

Hi! my husband has a large student loan debt to pay off. it will take our entire joint refund to off set the debt. i dont want this. and the innocent or injured spouse form is no guarantee to let us k

Form 8379 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.

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:

  1. Open your return. (To do this, sign in to TurboTax and click the Take me to my return button.)
  2. In the search box, type in "injured spouse" and then click the "Jump to" link in the search results.
  3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions for Injured Spouse.

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 could choose to file Married Filing Separately, if you do, you will not enter his income information in your return. However, if you live in a community property state, you do need to disclose the income and deductions being reported on the other spouse's return, per the instructions linked below:

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

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