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jsusanek1
New Member

Innocent vs injured how to file?

I was granted innocent spouse relief last year from my so uses debt. How should I file this year? Do I file innocent again or injured or do we file married separately? I do not want my portion of refund being used to pay her debt from that year as she still owes. 

1 Best answer

Accepted Solutions
IsabellaG
Expert Alumni

Innocent vs injured how to file?

You are talking the about the injured spouse allocation, if you're saying that your spouse has a debt that may result in your having your federal tax refund used to pay the debt. You don't have to file separately to request that your portion of any tax refund not be used to pay this debt.

To enter Injured Spouse information:

  1. Go to Federal Taxes on the left side of your screen.
  2. Go to the Other Tax Situations tab on the top of your screen.
  3. Choose Miscellaneous Tax Forms.
  4. Click Start on Report an injured or innocent spouse claim.
  5. On the next screen, say yes, you want to file an innocent or injured spouse claim.
  6. On the Innocent and Injured Spouse Relief screen, click Continue (you are not filing for innocent spouse relief).
  7. On the next screen, once again click Continue.
  8. The next screen is Let's See if You Qualify for Injured Spouse Relief. Select your state, if it isn’t pre-selected. Answer the question on the next screen and continue.
  9. Be careful on the next screen Tell Us More About Your Situation to select everything that applies to you. it’s important that  you are filing a joint return, that there is some debt of your spouse that may  reduce your refund (you can choose more than one) and that you are not liable for this debt. Without all three factors, you won’t qualify for injured spouse treatment.
  10. Continue entering information from your return.

Form 8379, Injured Spouse Allocation, will be filed along with your tax return.

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6 Replies
IsabellaG
Expert Alumni

Innocent vs injured how to file?

You are talking the about the injured spouse allocation, if you're saying that your spouse has a debt that may result in your having your federal tax refund used to pay the debt. You don't have to file separately to request that your portion of any tax refund not be used to pay this debt.

To enter Injured Spouse information:

  1. Go to Federal Taxes on the left side of your screen.
  2. Go to the Other Tax Situations tab on the top of your screen.
  3. Choose Miscellaneous Tax Forms.
  4. Click Start on Report an injured or innocent spouse claim.
  5. On the next screen, say yes, you want to file an innocent or injured spouse claim.
  6. On the Innocent and Injured Spouse Relief screen, click Continue (you are not filing for innocent spouse relief).
  7. On the next screen, once again click Continue.
  8. The next screen is Let's See if You Qualify for Injured Spouse Relief. Select your state, if it isn’t pre-selected. Answer the question on the next screen and continue.
  9. Be careful on the next screen Tell Us More About Your Situation to select everything that applies to you. it’s important that  you are filing a joint return, that there is some debt of your spouse that may  reduce your refund (you can choose more than one) and that you are not liable for this debt. Without all three factors, you won’t qualify for injured spouse treatment.
  10. Continue entering information from your return.

Form 8379, Injured Spouse Allocation, will be filed along with your tax return.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
jsusanek1
New Member

Innocent vs injured how to file?

We did before and it was denied that's why I filed the innocent wouldn't I file innocent again
jsusanek1
New Member

Innocent vs injured how to file?

We filed injured originally they denied and slapped the debt on me so we filed innocent and it was granted after that
IsabellaG
Expert Alumni

Innocent vs injured how to file?

What were the circumstances? Innocent spouse is for a specific situation where one spouse filed jointly but had no idea that the other spouse was deliberately under-reporting their tax liability. Like when one spouse runs a business under the table and hides the income from the IRS AND the other spouse. See these links.

<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1901549-what-is-an-innocent-spouse-and-how-does-it-differ-from-an-...>

<a rel="nofollow" target="_blank" href="https://www.irs.gov/taxtopics/tc205">https://www.irs.gov/taxtopics/tc205</a>
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jsusanek1
New Member

Innocent vs injured how to file?

My wife had a student loan I didn't know about. She wasn't paying and it was discharged causing her to owe about 6k in taxes. We filed jointly with injured spouse form and was denied. They said I had to file innocent spouse. So I filed innocent spouse and they denied that. I then appeal it and they granted the innocent spouse. I am not liable anymore for that debt. She however still owes it. I refuse to have to pay for it as it's her debt. Should I file joint with innocent spouse or joint with injured? What happens if we file and they deny either etc. I am lost as how to proceed
IsabellaG
Expert Alumni

Innocent vs injured how to file?

You need to proceed as injured, not innocent. Injured spouse is when your spouse has a debt that belongs only to her, and they want to take your tax refund to pay it.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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