Injured Spouse Allocation

Question:
How to file Form 8379 as injured spouse? Complete and e-file IRS Form, 8379 Injured Spouse Allocation, with your return.

Article, Solution:

The eFile Tax App will help you complete and e-File Form 8379, Injured Spouse Allocation. To file your taxes as an injured spouse, follow the steps below:

1. Sign in to your eFile.com account.
2. Add the two forms: select Help in the top section, enter Form 8379, and select + Add Form. There are two 8379 forms: Form 8379 - Injured Spouse Claim and Allocation and Form 8379 - Injured Spouse Other Income Detail, so be sure to complete BOTH of them.
3. Verify that the 8379 form is in your return before you e-file it; do this by clicking on My Account and opening the PDF copy of your return. You can also see the forms you have filled out under Federal Taxes -> Review.
4. The form will be e-filed with your tax return, due Tax Day or by the October e-file deadline. Only when finished with your return, select File and follow this checkout guide to e-file your return with this form included.

Even if your return has been filed and accepted by the IRS, you can still file the Form 8379 - Injured Spouse by preparing the form in your eFile.com account, printing it, and mailing it to the IRS. You can do this ONLY if you filed with the married filing joint (MFJ) status.

To prepare the form in your account, click on Federal Taxes -> Review ->I'd like to see all federal forms. In the search box, enter 8379, select + Add Form next to Form 8379 - Injured Spouse Claim and Allocation and Form 8379 - Injured Spouse Other Income Detail. You can then enter the information on both the forms. 

Be sure to complete BOTH the forms. You will need to click on I’d like to view a working copy of my return under My Account to print the 8379 form and mail it to the IRS. You do not need to include a copy of your return when you mail in the 8379 Form by itself. Mail Form 8379 to IRS address where you would normally mail a tax return; see IRS mailing addresses by state.

If you missed both of these dates or have to file for back taxes, complete Form 8379, Injured Spouse Allocation here and mail it in.

We are not exactly sure where the term injured comes from in this context, but here is an explanation if you might think you were injured by your spouse. When you e-file a married joint tax return, all or part of your portion of the tax refund will be applied to offset your spouse's legally enforceable past-due IRS federal taxes, state income tax, overdue child support payments, unemployment compensation debts, or other federal non-tax debt, such as a student loan, etc. In this case, an offset - notice of offset - for federal tax debts is issued by the IRS. This notice for past-due obligations is issued by the U.S. Treasury Department's Bureau of the Fiscal Service.

More information and details about the Injured Spouse Allocation.