When filing my 1098e do I also have to file a injured spouse form?

[ccherrie1988]

Last year when my husband and I filed our taxes student loans took it all and we had to file a injured spouse form since I didn't work last year. This year both of us have worked and wanted to know do I file my 1098e and a injured spouse?

[Texas Roger · Accepted solution]

If you are filing married filing jointly you can claim up to $2500 of loan interest paid (shown on form 1098-E) as an adjustment to income on your tax return. The injured spouse form is a separate issue. If one of you still has student loan payments that are being offset by federal tax refunds, the other spouse needs to file the injured spouse form to protect that spouse's portion of the refund.