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?

[PatriciaR]

Did you have income on your tax return?

[milworm1]

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.

[PatriciaR]

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.

[PatriciaR]

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.

[milworm1]

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

[PatriciaR]

Great, glad it worked out!