Can I claim injured spouse for federal and state?

[m9spencer]

I am going to be offset this year by the state of Maine for unemployment compensation. I am filing jointly with my wife. I am on SSDI and she has the only taxable income and we are claiming EIC for our 2 kids. Question is, can I file for injured spouse for both federal and state? What I have looked up, says that I must contact the Maine dept of labor to apply for injured spouse. So, do I do both federal and state? And who is technically the one claiming injured spouse, myself, or my wife? 

[xmasbaby0]

If you file a joint return it is your wife who would be the "injured spouse" so she can protect part of the tax refund that is attributed to her earnings.

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

[m9spencer]

Ok but if I have no taxable income, wouldn't it be all of her portion? Or no?

[SweetieJean]

Since you file a Joint return, part of your SSDI is taxable, as is 100%of  any unemployment comp that you received in 2017. And, no, filing Separately will not help.

[m9spencer]

The unemployment was from 2009, before I got sick,  and according to the chart from the irs, my wife and I fall within that certain bracket for income basically making my ssdi non taxable, meaning they do not count my income as income. That's what I took from it anyways. Having said that, again, wouldn't it all be her portion?

[SweetieJean]

What I have looked up, says that I must contact the Maine dept of labor to apply for injured spouse.

That is correct for state taxes. As far as your State income tax return is concerned,  Maine acknowledges Injured Spouse Claims for a Maine income tax debt only.  If your refund may be set off to pay a debt other than an income tax debt (i.e., unemployment comp), you must contact that agency (unemployment) directly to request injured spouse relief. See #20 here:

http://www.maine.gov/revenue/faq/income_faq.html

[m9spencer]

Ok, but do I do that before I've filed, or after? And does my wife have to call since she is technically the injured spouse, or do I talk to them being the one that personally has the debt?

[m9spencer]

And also, should I file for injured spouse both through federal, and the state since what I've found out, that my federal return CAN be offset?

[SweetieJean]

SHE should file Injured Spouse for both.

[m9spencer]

Ok very good. I ask because I'll be the one physically doing the taxes online so when I file for us, I will add the injured spouse form on the federal. As far as unemployment. Should they be notified before or after I file our federal return that she wishes to file for injured spouse relief through them?

[m9spencer]

Ok trying to do my taxes as we speak and I do not see anything about state unemployment compensation debts trying to file the injured spouse form. Is it lumped in with state taxes? It's asking me if it's to offset everything but unemployment... I know I need to contact the state as well, but I'm not seeing it on TT.... Please help!

[m9spencer]

Doing my taxes as we speak and I am stuck on the injured spouse form. It is giving every other reason to file the form, except for state unemployment compensation debts. Is it mixed in with state income taxes? I'm not seeing unemployment compensation debts anywhere on here.