My husband owes back taxes. Can I fill out the injured spouse form now and are there any instructions on how to do this.

[KatherineC · Accepted solution]

Yes, you can fill out the injured spouse form. 

Have you already filed your tax return?  If so, you will need to mail the injured spouse form in.  The link below shows different filing options.  (If you need to mail the form in by itself, click on the link located underneath the “Where to File” chart.)

https://www.irs.gov/pub/irs-pdf/i8379.pdf  

If you haven’t already filed your return, the form will file with your tax return.

Please look at the link below for information on Injured Spouses and Form 8379.  Read the section titled “Filling out the Form”.

https://turbotax.intuit.com/tax-tools/tax-tips/IRS-Tax-Forms/What-is-IRS-Form-8379--Injured-Spouse-A... 

You can access the Injured Spouse Allocation by clicking on Federal Taxes, Other Tax Situation, Miscellaneous Forms and finally click the button beside "Report an Injured or Innocent Spouse Claim". 

Pay close attention to the questions.  You need to answer the Injured Spouse questions, not the Innocent Spouse.