I need to file for injured spouse relief. My wife was unemployed all year and my entire refund was applied to her past unemployment debt. She had no income at all.

[ineverplay]

The refund has already been taken by the unemployment office. I can't seem to amend my return for injured spouse. What do I do?

[TomD8]

You can file Form 8379 with your joint return or amended joint return (Form 1040-X), or you can file it afterwards by itself. File Form 8379 with Form 1040-X only if you are amending your original return to claim a joint refund.

https://www.irs.gov/instructions/i8379#:~:text=You%20can%20file%20Form%208379,to%20claim%20a%20joint....

[JulieS]

Yes, you can amend your tax return and add Form 8379, Injured Spouse Allocation. Here's how to do it:

1. Sign in to TurboTax.
2. On the home screen, scroll down to Your tax returns & documents and select 2023.
3. Select Amend (change) return, then Amend using TurboTax Online.
4. Carefully follow the directions to start your amendment.
5. Your refund will go to zero, don't worry, that's normal.
6. On the screen OK, let's get a kickstart on your amended return, select Other, and Continue.
7. Select Other Tax Situations from the left-side menu, expand Other Tax Forms by selecting the down arrow. 
8. Select Start to the right of Report an injured or innocent spouse claim.
9. Answer Yes to Do you want to claim innocent or injured spouse relief?
10. On the screen that says, Your Request For Innocent Spouse Relief select Continue. That is not the form you need. 
11. Continue until you get to Let's See if You Qualify for Injured Spouse Relief
12. Carefully answer the remaining questions in the section.
13. You can e-file with this form, but it'll still take about 14 weeks to get your refund.