Internal Revenue Service
Fill out Form 8379 online
Injured Spouse Allocation
Form 8379 is filed by the injured spouse on a joint tax return when the joint overpayment was, or is expected to be, applied (offset) to a past-due debt owed only by the other spouse. It splits the income, deductions, credits, taxes and payments on the joint return between the two spouses, so the IRS can figure the injured spouse's share of the refund.
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- Edition
- Rev. November 2023
- Pages
- 2
- Fillable fields
- 63
- Checked against the IRS
- November 8, 2026
GuruPDF is not affiliated with the Internal Revenue Service. This page explains the form in plain words; it is not legal or tax advice. Always check the official instructions before you file.
Who uses Form 8379
- A spouse who filed a joint return and whose share of the refund was, or will be, used to pay the other spouse's past-due debt
- People whose joint refund went to the other spouse's past-due federal tax, state income tax, state unemployment compensation debt, child support, spousal support or federal nontax debt such as a student loan
- Injured spouses who lived in a community property state during the tax year, where special rules apply
- Couples filing an amended joint return (Form 1040-X) for an additional refund who want the injured spouse's share kept from the offset
Before you start
- The joint return for the tax year, with its schedules
- Any Notice of Offset you received from the IRS or the Bureau of the Fiscal Service
- Copies of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding
- Both names and social security numbers, in the same order as on the joint return
- Records of estimated tax payments and which spouse made them
- The name of any community property state where you lived during the year
How to fill out Form 8379
Part I, lines 1–4: the year, the joint return and the debt
Enter the tax year on line 1 and answer the rest for that year. Line 2 asks whether you filed (or will file) a joint return. Line 3 asks whether the IRS used (or will use) the joint overpayment to pay a past-due debt owed only by your spouse, such as federal tax, state income tax, state unemployment compensation, child support, spousal support or a federal nontax debt. Line 4 asks whether you are legally obligated to pay that debt. Each answer tells you whether to go on or stop; if the form says stop, you are not an injured spouse and do not file it.
Part I, lines 5–9: community property and what you paid or claimed
Line 5 asks whether you lived in a community property state at any time during the year; if yes, enter the state and go to Part II. The instructions list these states as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Lines 6 to 9 ask whether you made and reported payments such as withholding or estimated tax, had earned income, claimed the earned income credit or additional child tax credit, or claimed another refundable credit. Follow the directions after each answer.
Part II, line 10: names and social security numbers
Enter both names and social security numbers exactly as shown on the joint return. The spouse shown first on that return must also be shown first here. Check the box next to the injured spouse.
Part II, lines 11–12: how the refund is issued and mailed
Check line 11 only if you want the refund issued in both names; otherwise separate refunds are issued for each spouse, if applicable. On line 12, answer whether you want the injured spouse refund mailed to an address other than the one on the joint return, and enter it if yes. For a foreign address, the instructions say to enter the number and street, then city, province, county or state, then the country, without abbreviating the country name. If the change is permanent, file Form 8822 with Form 8379.
Part III, lines 13–16: income, adjustments, deductions and nonrefundable credits
Column (a) is the amount on the joint return, and columns (b) and (c) split it between the injured spouse and the other spouse, so (a) must equal (b) plus (c). Allocate each item to the spouse who would have shown it on a separate return. For joint items, follow the line-by-line rules in the instructions. Line 13a is Form W-2 income and line 13b all other income. Line 14 is adjustments to income and line 15 the standard or itemized deduction; with the standard deduction, each spouse generally gets one-half of the basic standard deduction, and the instructions have a worksheet for age or blindness amounts. Line 16 is nonrefundable credits.
Part III, lines 17–20: refundable credits, other taxes, withholding and payments
Line 17 is refundable credits, but do not include the earned income credit; the IRS allocates it based on each spouse's income. Line 18 is other taxes; self-employment tax goes to the spouse who earned the self-employment income. Line 19 is federal income tax withheld from each spouse's income as shown on Forms W-2, W-2G and 1099. On line 20, joint estimated tax payments can be split any way you both agree; if you can't agree, the instructions give a formula based on each spouse's separate tax. Separate estimated payments go to the spouse who made them.
Part IV: signature
Complete Part IV only if you are filing Form 8379 by itself and not with your tax return. The injured spouse signs, dates and enters a phone number; the instructions say a daytime phone number may help speed processing. A paid preparer, if there is one, completes the preparer section.
After you fill it out
Form 8379 goes to the IRS. If you file it with your joint return or amended joint return, attach it in the order of its attachment sequence number and enter "Injured Spouse" in the upper left corner of page 1 of the return. If you mail it by itself, attach copies of all Forms W-2 and W-2G for both spouses and any Forms 1099 showing withholding, but not a copy of the joint return. The IRS Service Center to use depends on whether you file it with a return or by itself, and on how the original joint return was filed, so check the Where To File chart in the official instructions and the IRS filing address page.
Signing: Part IV is signed by the injured spouse only when Form 8379 is filed by itself, not with the tax return, and a paid preparer, if any, signs the preparer section. The instructions do not describe how to sign, so follow the IRS's instructions for the way you file.
Watch out for
- Do not file Form 8379 to claim innocent spouse relief from a joint tax liability; the instructions say to file Form 8857 instead.
- The instructions say filing Form 8379 when no past-due obligation exists will delay your refund. Not all debts are subject to a refund offset.
- If you file Form 8379 by itself, do not include a copy of your joint return, and do attach copies of all Forms W-2 and W-2G for both spouses and any Forms 1099 showing withholding. Missing forms or an incomplete Form 8379 can delay processing.
- File a Form 8379 for each year in which your share of a joint refund was, or will be, offset and you want that share refunded.
Questions about Form 8379
What is the difference between an injured spouse and an innocent spouse?
An injured spouse uses Form 8379 to get back their share of a joint refund that was applied to the other spouse's past-due debt. Innocent spouse relief, claimed on Form 8857, can relieve a spouse of part or all of a joint tax liability. If the past-due amount is a federal tax debt owed by both spouses, the form notes that you may qualify for innocent spouse relief instead.
When do I have to file Form 8379?
File it when you learn that all or part of your share of a joint refund was, or will be, applied to your spouse's past-due debt. The instructions say to file within 3 years from the due date of the original return (including extensions) or within 2 years from the date you paid the tax that was later offset, whichever is later. Certain circumstances in Internal Revenue Code section 6511 may extend this period.
Can I file Form 8379 with my tax return?
Yes. You can file it with your joint return or amended joint return (Form 1040-X), or file it by itself later. The IRS also says Form 8379 may be filed electronically by attaching it to Form 1040-X, even if you are not amending the return.
Who figures the amount of my injured spouse refund?
The IRS figures the amount of any refund due the injured spouse from the allocation in Part III. If you lived in a community property state, the IRS applies that state's community property rules.
How do I find out whether a debt can be taken from my refund?
For debts other than federal tax, the IRS says to contact the Bureau of the Fiscal Service's Treasury Offset Program call center. The phone number is on the IRS injured spouse relief page and in the form instructions.
Official information
- About Form 8379, Injured Spouse Allocation (IRS)
- Instructions for Form 8379
- Injured spouse relief (IRS)
- Where to file paper tax returns (IRS)
Page text last reviewed November 7, 2026.