My wife needs to file injured spouse but we keep getting the message that we do not make the qualifications. How do I ensure that she can file injured spouse?

[SweetieJean]

Did you file a Joint return?  Did she have 2018 income of her own?  Are you in a Community Property State?

[smrlsouth]

Yes we filed a joint return.  Yes she has her own income.  Not sure about community property state.  For the past 10 years we've had our taxes done but are trying to save some money this year and do them ourselves.  Every year we have been able to file injured spouse as it is her income.  But we can't figure this out.

[xmasbaby0]

Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI

[smrlsouth]

Ok thank you.  No

[AnnetteB]

Filling out this form can be confusing.  Here are some tips to help you along the way.  Also, at the bottom of this answer will be instructions about how to go to the correct section of your tax return to complete the form. 

There are a couple of things to note when filling out the injured spouse form.  If some of the boxes were not checked, then TurboTax will state you are not eligible to file the form.

Pay close attention to each screen in the process to be sure you are answering questions about Injured Spouse, not Innocent Spouse. 

On the screen titled “Tell Us More About Your Situation” at least 3 boxes must be checked to qualify to file the Injured Spouse form.

The box “I filed (or will file) a joint return with my spouse (or former spouse)” must be checked.

The box “I am not required to pay the past-due amount” must be checked. 

Additionally, at least one more box must be checked to indicate the type of debt that your tax refund will be used to pay. 

Please see the picture below as a reference. 

For more information and instructions from the IRS regarding the Injured Spouse Form 8379, click here.

Also, see the information below for information about how to complete the Injured Spouse form within TurboTax.

https://ttlc.intuit.com/replies/3326788