I am wanting to file an injured spouse form. Can this be done if my husband has been incarcerated for all of 2016 in a different state?

[IreneS · Accepted solution]

Yes.  Your husband's incarceration should have no impact on your injured spouse status.

Please make sure you are applying for the correct protection.

• Injured spouse is so one spouses tax refund will not be attached for the debt of the other spouse (for example unpaid taxes or student loans).
• Innocent spouse relieves one spouse from the responsibility of the tax liability incurred by the other spouse (such as failure to report income or tax evasion).

You can prepare form 8379 (injured spouse) in TurboTax by using the following 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. If you qualify for Injured Spouse Relief you will see a screen, You Qualify for Injured Spouse Relief.  You will be asked Do you want to file this claim with your 2016 tax return?  Select Yes if you haven't already filed your return; select No if you've already filed your return.  [You'll be given the opportunity to print the form later in the interview.]
9. Continue through the rest of the interview, entering the requested information.  You will be asked to allocate income, exemptions, and deductions between you and your spouse.
10. When finished, you will see the screen, Your Claim Is Now Ready to Be Filed With Your Return.  If you selected the option to file form 8379 separately, click on the Print form 8379 box.  Otherwise click Continue and the form will be transmitted with your return.