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New Member
posted Jun 4, 2019 8:46:19 PM

Need to file form 8379

Do I fill out the form 8379 at the same time I file my tax return or do I have to wait until after the return has been filed to go back in and fill out the form?

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New Member
Jun 4, 2019 8:46:21 PM

If you haven't filed your tax return yet, then you can file Form 8379 with your tax return so that the return and the Injured Spouse form are filed together at the same time.

Form 8379 (Injured Spouse) is filed when the overpayment on your jointly filed tax return was (or is expected to be) applied to a past-due obligation of your spouse. By filing Form 8379, you may be able to get back your share of the joint refund.
The IRS advises that you should allow an additional eleven weeks to process your return, leading to similar delays in any refund you are due.
To find the Injured Spouse section in Turbo Tax, click on Federal Taxes (on the top menu bar) and then Other Tax Situations.  When the page opens, scroll down to the bottom and select the very last item, Miscellaneous Tax Forms.  When the list of miscellaneous forms opens up, look for "Report an injured or innocent spouse claim".  As you work through the form be sure you only answer the Injured Spouse questions (not the Innocent Spouse questions). 
Note:  You will need to click through several pages of Innocent Spouse questions before you get to the Injured Spouse section. 

1 Replies
New Member
Jun 4, 2019 8:46:21 PM

If you haven't filed your tax return yet, then you can file Form 8379 with your tax return so that the return and the Injured Spouse form are filed together at the same time.

Form 8379 (Injured Spouse) is filed when the overpayment on your jointly filed tax return was (or is expected to be) applied to a past-due obligation of your spouse. By filing Form 8379, you may be able to get back your share of the joint refund.
The IRS advises that you should allow an additional eleven weeks to process your return, leading to similar delays in any refund you are due.
To find the Injured Spouse section in Turbo Tax, click on Federal Taxes (on the top menu bar) and then Other Tax Situations.  When the page opens, scroll down to the bottom and select the very last item, Miscellaneous Tax Forms.  When the list of miscellaneous forms opens up, look for "Report an injured or innocent spouse claim".  As you work through the form be sure you only answer the Injured Spouse questions (not the Innocent Spouse questions). 
Note:  You will need to click through several pages of Innocent Spouse questions before you get to the Injured Spouse section.