8379 injured spouse claim and allocation

[miwilliams]

Can I do an amended return for 2016 claiming 8379 injured spouse claim form?

[rjs · Accepted solution]

If you already filed your joint 2016 tax return, you file the injured spouse form, Form 8379, by itself. Do not file Form 8379 with an amended return unless you are filing an amended return for other reasons.

When you prepare Form 8379 in TurboTax, one of the screens will ask you whether you want to file the injured spouse claim with your 2016 tax return. If you already filed your 2016 tax return, select No. After you finish entering the injured spouse information there will be a button to print Form 8379 so that you can mail it. When you file Form 8379 separately from your tax return, you cannot e-file it.

If you are filing Form 8379 by itself, note the following from the IRS instructions for Form 8379.

"If you file Form 8379 separately, please be sure to attach a copy of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding, to Form 8379. The processing of Form 8379 may be delayed if these forms are not attached, if the form is incomplete when filed, or if you attach a copy of your joint tax return."

[rjs]

Here's how to prepare an injured spouse form (Form 8379) in TurboTax.

- In TurboTax Self-Employed or Home & Business click the Personal tab. (In other editions click the Federal Taxes tab.)
- Click Other Tax Situations.
- Scroll down to the "Other Tax Forms" section near the bottom of the page, and click the Start, Update, or Revisit button for "Miscellaneous tax forms."
- On the next screen, click the Start, Update, or Revisit button for "Report an injured or innocent spouse claim."

Read the screens carefully. You want injured spouse relief, not innocent spouse relief. You will first get two screens for innocent spouse relief. Just click Continue without entering anything. Then you will get a series of screens for injured spouse relief.