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Separate out his income from yours. The IRS will not take your share of the joint tax return refunded to pay his debts. To prepare the injured spouse form, follow the instructions here.
Form 8379 lets you (the "injured spouse") get back your portion of a refund from a jointly-filed tax return if it's seized or offset to pay your spouse's debt. You must file jointly to use this form. Filing an 8379 will delay your federal refund by up to 14 weeks. To file this form in TurboTax:
Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is different. Leave those questions blank if you only want to claim injured spouse relief.
Related Information:
Form 8379 is a request by one spouse to avoid having his or her part of an overpayment (or refund) applied to a debt owed by the other spouse. The “allocation” is essentially a request to divide the overpayment between the spouses.
What is 8379, Injured Spouse Form
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