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I am trying to file an Injured Spouse Allocation Form 8379 and it is telling me we don't qualify for it. My husband pays child support and has a balance due. The IRS directed our refund to his ex-wife (which we knew would happen). We want my share of the

 
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IreneS
Intuit Alumni

I am trying to file an Injured Spouse Allocation Form 8379 and it is telling me we don't qualify for it. My husband pays child support and has a balance due. The IRS directed our refund to his ex-wife (which we knew would happen). We want my share of the

Whether you qualify for "injured spouse protection" depends on how you answer the questions on the Tell Us More About Your Situation screen.  [Screenshot #4]  You need to select ALL that apply:

From the information you've given, you should mark boxes 1, 3, and 6.

  • Box 1 - You are filing a joint return. -- YES
  • Box 2 - All or part of our federal refund was (or will be) applied to my spouse's past-due federal tax bill. - NO
  • Box 3 - All or part of our federal refund was (or will be) applied to my spouse's past-due child or spousal support payments.- YES
  • Box 4 - All or part of our federal refund was (or will be) applied to my spouse's past-due federal nontax debt (e.g., student loan).- NO
  • Box 5 - All or part of our federal refund was (or will be) applied to my spouse's past-due state income tax bill.- NO
  • Box 6 - I [the spouse] am not required to pay the past-due amount.- YES

On the following screen, Tell Us More About Your Situation, mark the YES radio button for I reported my own federal tax withheld on the joint return.


To get back to Form 8379, Injured Spouse Allocation, please follow these steps:

  1. Click on Federal Taxes > Other Tax Situations  [In TT Self-Employed:  Personal > Other Tax Situations]
  2. Scroll down to the Other Tax Forms section and click on the Start/Update box next to Miscellaneous Tax Forms.  [See Screenshot #1, below.]
  3. On the Miscellaneous Tax Forms screen, click on the Start/Update box next to Report an injured or innocent spouse claim.  [Screenshot #2]
  4. On the Innocent or Injured Spouse Relief screen, click on the Yes box. 
  5. Don't make any entries on the next 2 screens -- just click Continue.  [They apply to Innocent Spouse Relief.]
  6. On the screen Let's See if You Qualify for Injured Spouse Relief, mark the appropriate state box and click Continue.  [Screenshot #3]
  7. On the screen, Tell Us More About Your Situation, mark the appropriate boxes and click Continue.  [Screenshot #4] 
  8. On the next screen, mark whether you reported your own federal tax withheld on the joint return.
  9. The next screen will tell you if you qualify for injured spouse relief.  Mark the radio button to indicate whether you want to file this claim with your 2016 tax return and click Continue.  [You can either file form 8379 along with your tax return, or you can mail it in separately]  [Screenshot #5]
  10. Continue through the rest of the interview, entering the requested information.


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