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My refund has been held up. I need to file FORM# 8379. I just got married this year.

 
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DianeW
Expert Alumni

My refund has been held up. I need to file FORM# 8379. I just got married this year.

This is a stand alone form so it can be filed immediately by itself.  Include the W2s and any other document that has federal withholding with the form when you mail it. The IRS does not allow this form to be e-filed unless it is sent with the original tax return.

If you used TurboTax to prepare your return you can add the form and print it off.  If not, the links are provided here for your convenience.

  • The screenshot attached will show some of the important questions to answer.
  • Select the correct spouse as the injured spouse, this will delay the process because the IRS will not make the change.

Reminders and Tips:  

  1. If the injured spouse is the only one with income all of the refund will be released after IRS review of the Form 8379.  
  2. If you are not in a community property state, and both of you have income, you can divide exemptions up any way you see fit. It is possible the IRS may make some adjustments based on the income levels for each of you.  Let them do that when they receive it. 
  3.  If you do live in a community property state, community income would be split equally between the two spouses.  With respect to deductions, the deductions would be split depending on whether the expenses related to community income or separate income.
  4. The standard deduction must be split between you so you can't change that part.  For itemized deductions you can put those under the injured spouse.  
  5. Please note, this will cause your return to take longer to process.  Per the IRS, 11 weeks for an e-filed return and 14 weeks for a mailed return. (estimated by them)
  6. Review the screenshot attached for the initial important answers.
  7. Click the link here to find the mailing address for your area.  Where to File Paper Returns With or Without a Payment

View solution in original post

1 Reply
DianeW
Expert Alumni

My refund has been held up. I need to file FORM# 8379. I just got married this year.

This is a stand alone form so it can be filed immediately by itself.  Include the W2s and any other document that has federal withholding with the form when you mail it. The IRS does not allow this form to be e-filed unless it is sent with the original tax return.

If you used TurboTax to prepare your return you can add the form and print it off.  If not, the links are provided here for your convenience.

  • The screenshot attached will show some of the important questions to answer.
  • Select the correct spouse as the injured spouse, this will delay the process because the IRS will not make the change.

Reminders and Tips:  

  1. If the injured spouse is the only one with income all of the refund will be released after IRS review of the Form 8379.  
  2. If you are not in a community property state, and both of you have income, you can divide exemptions up any way you see fit. It is possible the IRS may make some adjustments based on the income levels for each of you.  Let them do that when they receive it. 
  3.  If you do live in a community property state, community income would be split equally between the two spouses.  With respect to deductions, the deductions would be split depending on whether the expenses related to community income or separate income.
  4. The standard deduction must be split between you so you can't change that part.  For itemized deductions you can put those under the injured spouse.  
  5. Please note, this will cause your return to take longer to process.  Per the IRS, 11 weeks for an e-filed return and 14 weeks for a mailed return. (estimated by them)
  6. Review the screenshot attached for the initial important answers.
  7. Click the link here to find the mailing address for your area.  Where to File Paper Returns With or Without a Payment
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