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?
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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
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:
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