Question

I forgot to file an injured spouse form

Forum|Forum|6 years ago
May 14, 2020
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I used the free file on turbo tax and I forgot to file an injured spouse form, 8379, I can't seem to find where I can fill it out and e file it in as an amended party of my taxes. Do I need to print it up and fill it out and mail it in? And if so do I need to do two of them, (one for state and one for federal, it just one and where do I mail it to in Oregon?)

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macuser_22

Employee

You can file 8379 as a stand-alone form, not an amended tax return.

Form: https://www.irs.gov/pub/irs-pdf/f8379.pdf

Instructions: https://www.irs.gov/pub/irs-pdf/i8379.pdf

Where to mail: https://www.irs.gov/filing/where-to-file-addresses-for-taxpayers-and-tax-professionals-filing-form-1040

Per the Oregon FAQ site: https://www.oregon.gov/DOR/FAQ/pages/default.aspx

We are filing an Injured Spouse Claim and Allocation form, federal Form 8379, with our joint federal return. What should we do for our Oregon return?

If you want your Oregon refund apportioned between spouses, you need to request it in writing. When your return is processed, we'll notify you of our intent to apply the joint refund to any debts owed to the state of Oregon. When you receive our notice, send us a request to divide the refund. You must respond within 30 days of the date on our notice. You can use federal form 8379, Injured Spouse Allocation. We must have a copy of your federal return to process the apportionment.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**