Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt.
You must file jointly to use this form. Also, filing an 8379 will delay your federal refund by up to 14 weeks.
To file this form in TurboTax:
- Open your return. (To do this, sign in to TurboTax and click the Take me to my return button.)
- In the search box, type in "injured spouse" and then click the "Jump to" link in the search results.(see screenshot)
- Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions for Injured Spouse.
Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is something else. Leave those questions blank if you only want to claim injured spouse relief.
What if I've already filed my tax return?
If you've already filed and your return has been accepted, you will have to mail the form to the IRS using TurboTax to create the form.
If you are using TurboTax Online, sign in and make sure you have selected Tax Home. Select Show next to Your tax returns & documents, choose the year you want to file the form for, then select Amend (change) return.
If you are using the CD/Download product, open your return.
When your return is open, In the search box, search for injured spouse and then click the "Jump to" link in the search results. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions for Injured Spouse.
