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Category: Tax Questions

Form 8379 - Injured Spouse Allocation

An injured spouse is a taxpayer who files a joint return and all or part of the portion of the joint overpayment (refund) is, or expected to be, applied against legally enforceable past obligation of the other spouse. An injured spouse is different from an innocent spouse which is a taxpayer that believes, taking into account all the facts and circumstances, only their spouse or former spouse should be held responsible for all or part of the tax liability, including related penalties and interest.

By filing Form 8379, the injured spouse may be able to get back his or her share of the refund.  The following examples are legally enforceable debts that could apply for this purpose:

• Child or spousal support• State income tax
• Past-due federal tax• Federal non-tax debt (such as a student loan)

If the IRS has applied your client's refund against the spouse's tax liability, or your client is concerned that the IRS may do so, select Form 8379.  The form requests identifying information for your client and spouse, and information needed to determine how much of the tax - and refund - is attributable to each spouse.  The IRS makes the actual calculation that divides the refund between your client and his or her spouse.

Select the links below to show/hide additional information:

• Exception
• Allocation
• Filing

File Form 8379 if all three of the following apply:

The injured spouse is not required to pay the past-due amount,

The injured spouse reported income such as wages, taxable, interest, etc., on the joint return, and

The injured spouse made payments such as federal income tax withheld or estimated payments, or claimed the EIC or other refundable credit on the joint return.

To display instructions for completing Form 8379 in the tax program click here.

NOTE: This is a guide on entering Form 8379 into the TaxSlayer Pro program.  This is not intended as tax advice.  For additional information refer to the Additional Links below.

Additional links:

Instructions for Form 8379 - Injured Spouse Allocation

Form 8857, Request for Innocent Spouse Relief

Instructions for Form 8857, Request for Innocent Spouse Relief

IRS Tax Tip 2012-60, Injured or Innocent Spouse Tax Relief

Publication 555, Community Property

Publication 971, Innocent Spouse Relief

Publication 504, Divorced or Separated Individuals

Last Updated: 6/19/2017

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