Injured Spouse Allocation

How to File Form 8379 as Injured Spouse, Complete and eFile IRS Form 8379 Injured Spouse Allocation with your Return

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Injured Spouse

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The eFile Tax App will help complete and e-File Form 8379, Injured Spouse Allocation.

If you need to find or add the Form, click on Help in the top section and enter Form 8379 then click on 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. You should verify that the 8379 form is in your return before you efile it.

The form will be e-Filed with your Tax Return, due Tax Day or by the October eFile deadline

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 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 and in the search box enter 8379, then click on Add a form next to: Form 8379 - Injured Spouse Claim and Allocation and Form 8379 AND  Injured Spouse Other Income Detail. You can then enter the information on both the forms. 

Please 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.

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.