I already submitted my taxes and was notified that my refund is being taken. Does Form 8379 cover both my state & Fed refund? or do I need to file another form for MD?

[rockeydeborah]

I already submitted my taxes via TurboTax and received a notice in the mail that my state refund are being applied to my Husbands back Child Support debts. He has no income for 2016, and I have no legal responsibility to pay for his debts. We were also only marred for 1 month in 2016 (Married Nov 2016).

I am assuming my Federal refund will be confiscated also. I plan on filing an 8379. My question is; does the 8379 cover both Maryland and Federal refunds, or do i need/can I file a separate form for Maryland, even though the money has already been confiscated?

[IreneS · Accepted solution]

Form 8379, Injured Spouse Allocation, applies only to your Federal refund.  For injured spouse relief in Maryland, you need to file MD Form 502INJ.

Unfortunately, the Maryland form for an injured spouse--Form 502INJ--is not an e-fileable form and is not included in TurboTax.  You can print out the form using this link.

You will have to print out and mail your MD return:

• Write “INJURED SPOUSE” in the upper left corner of the return.
• Attach Form 502INJ to the front of your tax return.
  

You can file these forms even after the refund has been taken.

[leigha24]

Do you have to mail the MD tax returns and 502Inj forms? If so, where do you mail them to? 

[RobertG]

Comptroller of Maryland, Revenue Administration Division, 110 Carroll Street, Annapolis, Maryland 21411-0001.

[MHookTax]

Similar question. If issue is in year 2017 but Spouse filed taxes late (in 2021) and injured spouse has now had refund taken for 2021 and 2022, do we just refile 2017 with Maryland 502INJ form or do we have to file for each year impacted and include the 2017 502INJ? Thanks for any help people can provide.

[AnnetteB6]

Since the tax years that have been impacted so far are 2021 and 2022, those are the years for which you need to include the Maryland 502INJ.  Until any action is taken on tax returns from any other year, do not re-file for any other prior years except 2021 and 2022.

The instructions for Maryland 502INJ say that the form must be included with your tax return instead of being filed on its own.  Since nothing on the return has changed except for adding the 502INJ, mail that form attached to copies of your 2021 and 2022 returns.  

Also, be sure to include the 502INJ with your state return each year moving forward until the issue has been resolved.

@MHookTax