help with 8857 tax form?

Question by iamheretowinp: help with 8857 tax form?
i just did my taxes with turbo tax and we filed a 8857 injured spouse form, after reading it it states “did the IRS use your share of the joint refund to pay any of the following past due debts of your spouse: federal,state taxes , child support, spousal support, or student loans” if yes then stop here and file 8379. well last year they took our whole return of $ 5,200 and sent it to my child support and my student loans. so what is this 8379 form and how do i go about filing that if i already filed my taxes e-file with 8857 injured worker?

Best answer:

Answer by rtfm
The 8857 and the 8379 are for two different situations.

The 8857 is the *innocent* spouse form, not the *injured* spouse. The innocent spouse form is used if you are being told you owe taxes from a previous year’s joint return, but you have reason to believe that only your spouse’s income is the reason for the unpaid tax. Is that the reason you were filling out that form?

The 8379 form is the injured spouse form, and it would be used to make sure the IRS doesn’t take any of the refund your spouse should be getting back when they take the amount they’re trying to get from you for those unpaid student loans and back child support. Only your spouse’s refund would be protected — they would still take yours.

So if you think you should be filing the 8379 instead of, or in addition to, the 8857, what you need to file is a 1040X, amended return.

Now might be the time to get some professional help in filling out all these forms, to make sure you’re using the right ones for the right reasons.

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