IRS 8379 Instructions 2015 free printable template

The instructions are available at www.irs.gov. Click on Forms and Publications. How To File You can file Form 8379 with your joint tax return or amended joint tax return Form 1040X or you can file it afterwards by itself. are amending your original return to claim a joint refund. Instructions for Form 8379 Department of the Treasury Internal Revenue Service Rev. February 2015 Injured Spouse Allocation Section references are to the Internal Revenue Code unless otherwise noted. General...

How to fill out IRS 8379 Instructions

How to fill out IRS 8379 Instructions

1. Obtain IRS Form 8379, Injured Spouse Allocation.
2. Fill out your personal information, including your name, Social Security number, and your spouse's information.
3. Report all your income for the tax year on line 1.
4. Report your spouse's income on line 2.
5. Fill in the total amount of refund expected on line 3.
6. Allocate the joint refund based on your income and your spouse’s income.
7. Complete all relevant sections regarding the allocation of tax liability.
8. Sign and date the form at the bottom.
9. Submit the completed Form 8379 with your tax return or send it separately if you have already filed.

Who needs IRS 8379 Instructions?

1. Taxpayers who filed a joint return and wish to recover their portion of a tax refund that is being offset due to their spouse's debts, such as unpaid taxes, student loans, or child support.

Instructions and Help about IRS 8379 Instructions

Hi I'm a tax attorney Darrin mesh from Tampa Florida, and I'm here today to answer a question that comes up quite a bit, and it goes like this the person asking says can they take my child support balance from my wife's income tax and furthermore they say here are some facts related to this question it says I was recently married but prior to that I have a child support balance owed can they take this balance from my wife's tax return she has nothing to do with my past tax debt and I don't think that this is fair to her if so I heard from someone about filing your taxes under something called uninjured spouse or something of that nature it would be great to get some insight on this situation thanks in advance, so I think you're exactly right I think that injured spouse actually will be the right thing to do in this case, and it's the form number is form 83-79 you can go to the IRS website at IRS.gov e and click the forms and publications link on the left and then just simply search for form number 83-79, but I thought I would go one step farther here in we'll go ahead and look at the form here's a copy of it and as you can see it says injured spouse allocation and form 83-79 again, and it's pretty straightforward in terms of its one of the easier forms I think to go ahead and fill out there's some yes or no questions and basically what you're doing is you're allocating your income versus your spouses income so let me give you an example if you earn $50,000 a year as a w-2 wage earner, and you had $5000 withheld from airing from your paycheck, and she was an income wage earner, and she had $30,000 of income, and she had three thousand dollars earned or three thousand dollars withheld from her paycheck that would be eight thousand dollars total tax withheld if you're part of the tax debt was 50% and hers was 50×, and actually it's kind of a's not exactly right in the scenario that I gave, but basically they take your proportionate share of the tax refund so let's say your share the tax refund was two thousand dollars or in here sure the tax refund was fifteen hundred dollars you don't get $3,500 back, but it would keep your $2,000, and she would get her $1,500 tax refund back hopefully that answers your question in a nutshell no I mean creditors or the IRS or the or even child support they can't keep your spouse's income tax refund because they're actually innocent in this situation and since there's something else called innocent spouse the IRS had to call something different, so they call it injured spouse and in this case your spouse would in fact be injured if they kept her tax refund so hopefully that answers your question thanks for watching

People Also Ask about

How does an injured spouse form work?

The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.

How do I fill out an injured spouse?

To request injured spouse relief, file Form 8379, Injured Spouse Allocation. You can file it with your tax return by mail or electronically. You can also mail it separately when you receive notice that your refund was applied to an outstanding debt.

What is the difference between IRS form 8857 and 8379?

Form 8379 can be e-filed. An innocent spouse (Form 8857, Request for Innocent Spouse Relief) is asking the IRS not to hold him or her liable for tax resulting from actions of the other spouse in a joint return. Form 8857 is not transmitted with an e-filed return, but must be paper-filed separately.

What are the conditions to claim injured spouse?

The "injured spouse" on Form 8379 refers to a spouse who has been affected by the application of a joint tax refund to offset their spouse's debts. Because they have been financially harmed ("injured") by this use of the refund, that spouse is able to reclaim their share of the refund from the IRS.

What are the conditions to claim injured spouse?

You may be eligible for injured spouse relief if: You filed a joint return with your spouse. Your tax refund was applied to your spouse's overdue debts. You weren't responsible for the debt.

Can the IRS deny an injured spouse claim?

Can the IRS Deny an Injured Spouse Claim? Yes, the IRS may determine that someone filing Form 8379 is ineligible for an injured spouse allocation, or that they are not entitled to as much as they believe.

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What is IRS 8379 Instructions?

IRS 8379 Instructions provide guidance on how to fill out Form 8379, which is used by taxpayers to request the injured spouse allocation, allowing them to claim their share of a tax refund that might be offset to pay the debts of a spouse.

Who is required to file IRS 8379 Instructions?

Taxpayers who file a joint return and have had their refund offset to pay their spouse's past-due debts, such as federal taxes, state taxes, or child support, must file IRS 8379.

How to fill out IRS 8379 Instructions?

To fill out IRS 8379, taxpayers should gather their income and tax information, complete the form by providing details about the jointly filed return, the debts owed by the spouse, and the amounts they believe should be allocated, then submit it with their tax return or send it separately to the IRS.

What is the purpose of IRS 8379 Instructions?

The purpose of IRS 8379 Instructions is to assist taxpayers in correctly completing Form 8379 to ensure they can reclaim their share of a tax refund that has been improperly offset due to their spouse's obligations.

What information must be reported on IRS 8379 Instructions?

IRS 8379 Instructions require taxpayers to report their individual income and tax amount, their spouse's income and tax amount, the total tax refund expected, and other pertinent information related to the debts that led to the offset.