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Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment is 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 - irs
How to fill out Form 8379
01
Obtain Form 8379, Injured Spouse Allocation, from the IRS website or your tax software.
02
Provide your personal information, including name, Social Security number, and address at the top of the form.
03
Indicate your filing status (e.g., Married Filing Jointly) and fill out the relevant sections regarding your income and amount of tax withheld.
04
Report your spouse's information in the designated section, including their name and Social Security number.
05
Complete Part 1: Allocation of Income and Deductions by listing your and your spouse’s income and deductions.
06
Complete Part 2: Calculation of the Injured Spouse's Share by following the instructions to calculate your eligible share of the refund.
07
Sign and date the form.
08
Submit Form 8379 either with your tax return or, if you've already filed, send it to the appropriate IRS address for your state.
Who needs Form 8379?
01
Taxpayers who file jointly with a spouse but have a portion of their tax refund being withheld to pay their spouse's past due debts, such as child support or federal student loans.
02
Individuals who believe they are entitled to a refund and wish to claim their share of it despite their spouse's financial obligations.
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People Also Ask about
What qualifies for injured spouse relief?
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.
What are the requirements to file an 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.
Which of the following taxpayers might benefit from filing form 8379?
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).
What is IRS form 8379 for?
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.
Can the IRS come after my wife for my debt?
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.
What qualifies for injured spouse relief?
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 I file form 8379 electronically by itself?
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.
Which of the following conditions must a taxpayer meet in order to file an injured spouse claim?
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.
What requirements must be met when considering filing form 8379?
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.
Who should file form 8379?
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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What is Form 8379?
Form 8379, the Injured Spouse Allocation, is a form used by married taxpayers to request their share of a joint refund that may be withheld to pay the other spouse's debts.
Who is required to file Form 8379?
Taxpayers who are married and filing jointly, but believe that a portion of their expected tax refund may be used to pay for their spouse's past-due debts, are required to file Form 8379.
How to fill out Form 8379?
To fill out Form 8379, you need to provide personal information including names, Social Security numbers, and income details. You will also need to allocate income, deductions, and credits between you and your spouse.
What is the purpose of Form 8379?
The purpose of Form 8379 is to allow the injured spouse to receive their share of a tax refund that would otherwise be withheld to cover the debts of their spouse.
What information must be reported on Form 8379?
Form 8379 requires reporting of the names and Social Security numbers of both spouses, income amounts, the amounts of tax withheld for both spouses, and any other relevant tax information related to the tax year.
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