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What do I need to do this year if I had to file an an injured spouse form last year?

 
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2 Replies
PatriciaR
New Member

What do I need to do this year if I had to file an an injured spouse form last year?

Are you asking if you need to file it again this year?
DianeW
Expert Alumni

What do I need to do this year if I had to file an an injured spouse form last year?

If there is delinquent debt on the part of either the taxpayer or the spouse, but not the other, then an injured spouse (not an innocent spouse) is required for each year this situation exists, if you want to receive at least part of your refund.

Use the information below to prepare and submit your injured spouse with your original tax return to achieve the shortest turn around time.

The following information will assist you with the injured spouse.

While you are signed into your TurboTax account you can find the injured spouse using the steps here.

  • Use the search box in the upper right > Search for injured spouse Jump to injured spouse 
    • (continue past the innocent spouse questions)
    • The information below will assist in making sure you have it all ready to go with the return.

Reminders and Tips:  

  1. Select the correct person as the injured spouse (the one without any d
  2. If the injured spouse is the only one with income all of the refund will be released after IRS review of the Form 8379.  
  3. If you are not in a community property state, and both of you have income, you can divide exemptions up any way you see fit. It is possible the IRS may make some adjustments based on the income levels for each of you.  Let them do that when they receive it. 
  4.  If you do live in a community property state, community income would be split equally between the two spouses.  With respect to deductions, the deductions would be split depending on whether the expenses related to community income or separate income.
    1. There are nine community property states: Arizona, California, IdahoLouisianaNevadaNew MexicoTexasWashington and WisconsinAlaska is an opt-in community property state that gives both parties the option to make their property community property.
  5. The standard deduction must be split between you so you can't change that part.  For itemized deductions you can put those under the injured spouse.   
  6. Please note, this will cause your return to take longer to process.  Per the IRS, 11 weeks for an e-filed return and 14 weeks for a mailed return. (estimated)
  7. Review the screenshot attached for the initial important answers.
  8. Click the link here to find the mailing address for your area.  Where to File Paper Returns With or Without a Payment
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