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If you did not electronically file Form 8379 Injured Spouse Allocation when you filed your original tax return, you need to send the form to the Internal Revenue Service Center for the area where you live. Be sure to attach a copy of all Form(s) W-2, W-2G or 1099 showing federal income tax withholding, to Form 8379. The processing of Form 8379 may be delayed if these forms are not attached, or if the form is incomplete when filed.

You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse’s legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan. Review the section of the Q&A listed above to determine if you are eligible.

Amending Your Tax Return
If you file an amended joint tax return (Form 1040X) to claim an additional refund and you do not want your portion of the overpayment to be applied (offset) against your spouse's past-due obligation(s), then you will need to complete and attach another Form 8379 to allocate the additional refund.

Time Needed to Process Form 8379
Generally, if you file Form 8379 with a joint return on paper, the time needed to process it is about 14 weeks (11 weeks if filed electronically). If you file Form 8379 by itself after a joint return has been processed, the time needed is about 8 weeks.

To complete Form 8379 in your TaxAct program:

  1. From within your TaxAct return (Online or Desktop), click Federal. On smaller devices, click the menu icon in the upper left-hand corner, then select Federal
  2. Click Miscellaneous Topics in the Federal Quick Q&A Topics menu to expand the category and then click Injured spouse relief
  3. Click +Add Form 8379 to create a new copy of the form or click Review to review a form already created 
  4. The program will proceed with the interview questions for you to enter or review the appropriate information

To view/print the paper filing instructions for your return to obtain the correct address for your situation:

TaxAct Online Users: 

  1. From within your TaxAct Online return, click Print Center in the left column.
  2. Click Instructions/Reports
  3. Click the checkbox(es) to the left of the instructions/reports you wish to print, and enter the appropriate number of copies. 
  4. Click Print and then click the PDF link. Click the printer icon or the save icon (available when you hover your mouse over the bottom of the PDF form) to print or save as a PDF file. 
TaxAct Desktop Users:  
  1. Click the Print icon in the TaxAct toolbar
  2. Click Instructions/Reports in the Print Center dialog box that appears
  3. Click on the checkbox to the left of the Federal Paper Filing Instructions  to print, and select the appropriate number of copies
  4. Click Print
In the print dialog box that appears you are able to choose if you wish to send the output to a printer or a PDF document.

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