I know I need Form 8379 Injured Spouse and have filed it the past two years but now it is saying I don't meet qualifications. How can I bypass this and add the form?

Did you have income on your tax return?

Yes, I have W2 income and small loss from Schedule C.  She has small loss from her part time Uber job.  Same as last year.

It must be how you are answering the questions then. You can go through the Injured Spouse section again to verify your answers.  I will post instructions below.

Here are the Steps to complete Form 8379, Injured Spouse Allocation

NOTE:  It may be helpful for you to click on the link to the IRS instructions for this form (posted below) as you go through the questions on the form.

·         Type injured spouse in Search (upper right of screen) and click the Jump to injured spouse link

·         Innocent or Injured Spouse Relief – Do you want to claim innocent or injured spouse relief?  Yes

·         Innocent and Injured Spouse Relief – First, enter the years that you’re seeking innocent spouse relief – DO NOT enter anything here – This is for Innocent Spouse – select Continue

·         Your Request For Innocent Spouse Relief – select Continue

·         Let’s See if You Qualify for Injured Spouse Relief – Check the box for the state(s) you in or check Somewhere else

·         At Tell Us More About Your Situation – Check ALL boxes that apply – Make sure you check the second to last box ‘I am not required to pay the past due amount’ (click on screenshot below for details)

·         I reported my own federal tax withheld or federal estimated tax payments on the joint return – Yes

·         Do you want to file this claim with your 2017 tax return? - Yes

·         Enter or confirm the following personal information – enter or confirm the information

·         Who Is the Injured Spouse – check the box for You or Spouse

·         Enter Mailing Address

·         Do you want your refund to be issued in your name only – choose answer

·         Allocate Income – Enter the portion of the total income on this return that should be claimed by Spouse

·         Allocate Deductions – Decide what portion of the following deductions on this return should be claimed by Spouse

·         Allocate Exemptions – Enter the number of personal exemptions from this return that should be claimed by Spouse

·         Your Claim is Now Ready to Be Filed With Your Return

I am also including the IRS Instructions for Form 8379, Injured Spouse Allocation which give you line-by-line instructions as you complete the form: https://www.irs.gov/pub/irs-pdf/i8379.pdf

NOTE:  If you need additional assistance, please comment and I will assist further.

That work, thank you.  I missed ‘I am not required to pay the past due amount’ box.

Great, glad it worked out!