Form 8379 lets you (the "injured spouse") get back your portion of a refund from a jointly-filed tax return if it's seized or offset to pay your spouse's debt.
You must file jointly to use this form. Filing an 8379 will delay your federal refund by up to 14 weeks.
To file this form in TurboTax:
- Open or continue your return
- In the search box, enter injured spouse and then select the Jump to link in the search results
- Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions
- Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you
- If so, check the box.
Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is different. Leave those questions blank if you only want to claim injured spouse relief.
What if I've already filed my tax return?
If you've already filed and your return has been accepted, you'll have to mail the form to the IRS using TurboTax to create the form.
If you’re using TurboTax Online, do the following to get back into your return and generate Form 8379:
- Sign in and scroll down.
- Select Add a State (you won’t actually be adding a state).
- In the search box, enter injured spouse and then select the link or button in the search results.
- Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.
If you’re using TurboTax CD/Download:
- Open your return.
- Search for injured spouse and select the Jump to link in the search results.
- Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the instructions for Injured Spouse.
- Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.
