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Form 8379 is filed by one spouse on a jointly filed tax return in order to claim their share of a refund that was applied to a past-due obligation of the other spouse. This form allows the injured
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How to fill out form 8379

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How to fill out Form 8379

01
Obtain Form 8379 from the IRS website or request a physical copy.
02
Fill in your personal information such as name, Social Security number, and tax year.
03
Indicate your filing status and the reason for filing Form 8379.
04
Complete the allocation of income and deductions section accurately.
05
Ensure that both spouses sign and date the form if filing jointly.
06
Submit the completed form with your tax return or send it separately if already filed.

Who needs Form 8379?

01
Married taxpayers who filed jointly and wish to allocate their tax refund due to a spouse's past-due debts or obligations.
02
Individuals who are affected by the injured spouse provision and need to protect their portion of the refund.
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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.
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.
The "injured" spouse on a jointly filed tax return can file Form 8379 to regain their share of a joint refund that was seized to pay a past-due obligation of the other spouse. These obligations might include past-due federal tax, state tax, child support, or federal non-tax debt (such as a student loan).
Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back their share of the joint refund.
If the debt is from joint returns you filed together when married, the IRS can collect from either spouse even after the divorce. The IRS can collect from whomever has money, they don't have to collect 50/50 or honor your divorce agreement.
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.
Eligibility: To qualify as an injured spouse, you must have earned income, reported it on the joint return, and made tax payments. Filing Options: You can file Form 8379 with your joint tax return or separately. Electronic filing speeds up the process.
Qualifications. You may be an injured spouse if you file a joint tax return and all or part of your portion of the over-payment was, or is expected to be, applied to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal non-tax debt, such as a student loan.
When to File. File Form 8379 when you become aware that all or part of your share of an over-payment was, or is expected to be, applied against your spouse's legally enforceable past-due obligations. You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded.
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.

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Form 8379 is the Injured Spouse Allocation form used by married couples to request the allocation of their tax refund if it has been or will be applied to the past-due debt of one spouse.
A taxpayer who files jointly with a spouse that has outstanding federal or state debts that could result in the refund being applied to those debts should file Form 8379.
To fill out Form 8379, complete the required personal information, choose how to allocate income and deductions, and provide details of the debts owed by the spouse, ensuring the accuracy of reported numbers.
The purpose of Form 8379 is to allow the 'innocent' spouse to claim their portion of a tax refund that would otherwise be withheld due to the other spouse's tax liabilities.
Form 8379 requires the reporting of both spouses' names, Social Security numbers, income, deductions, credits, and any relevant tax information to accurately determine the allocation of the tax refund.
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