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This form is used by an injured spouse to claim their share of the overpayment on a joint tax return when part of that overpayment has been or is expected to be applied against their spouse's past-due
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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 your tax preparation software.
02
Fill out your personal information in the top section, including your name, Social Security number, and address.
03
Indicate your filing status (Married Filing Jointly or Married Filing Separately).
04
Provide information about your spouse (if applicable), including their name and Social Security number.
05
Report your income and deductions as instructed on the form.
06
Specify how you want the refund (direct deposit or a check).
07
Double-check all entries for accuracy and completeness.
08
Sign and date the form before submission.

Who needs Form 8379?

01
Married couples filing taxes who wish to claim a refund due to the IRS seizing part of their tax refund to pay a past debt of one spouse.
02
Taxpayers who filed jointly but want to request the allocation of the refund to a non-debtor spouse.
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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 that the IRS allocate their tax refund to the injured spouse when the other spouse has tax obligations that can intercept the refund.
Married taxpayers who file jointly and whose refund is intercepted due to the tax liabilities of one spouse are required to file Form 8379 to protect their share of the refund.
To fill out Form 8379, you need to provide both spouses' information, including names, Social Security numbers, and the tax year. You must also indicate the amount of the refund you believe is owed to the injured spouse, along with any relevant financial information.
The purpose of Form 8379 is to allow the injured spouse to claim their portion of a tax refund that is partially or fully intercepted due to the other spouse’s debts.
Form 8379 requires the names, Social Security numbers, filing status, and the amount of the refund expected. It also asks for information pertaining to the income and tax reported on the joint return.
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