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Form 8379 is used by an injured spouse to claim their share of a tax refund that was applied against their spouse's past-due federal tax, child support, or federal nontax debt. This form outlines
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How to fill out form 8379
How to fill out Form 8379
01
Obtain Form 8379 from the IRS website or at a local IRS office.
02
Fill in your name and Social Security Number (SSN) at the top of the form.
03
Provide your spouse's name and SSN in the designated fields.
04
Indicate the tax year for which you are filing the form.
05
Complete the sections regarding income, deductions, and credits as applicable.
06
Attach the completed Form 8379 to your Form 1040 when filing your taxes.
07
Submit your tax return and Form 8379 either electronically or by mail to the IRS.
Who needs Form 8379?
01
Married couples filing jointly who experience injury to their refund due to a spouse's tax debt.
02
Individuals who want to claim a portion of the joint refund that is being reduced because of a spouse's debts.
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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 is the Injured Spouse Allocation form used by individuals who are married and filing jointly to request their share of a tax refund that may have been applied to their spouse's past-due obligations.
Who is required to file Form 8379?
A spouse may need to file Form 8379 if they believe their share of a tax refund is being applied to their spouse's debts, such as past-due federal tax, state tax, child support, or student loans.
How to fill out Form 8379?
To fill out Form 8379, gather both spouses' tax information, complete the form by providing personal details, income, and expenses, then submit it along with your tax return or separately based on IRS guidelines.
What is the purpose of Form 8379?
The purpose of Form 8379 is to allow the 'injured spouse' to claim their portion of a tax refund that might otherwise be taken for the other spouse's debts.
What information must be reported on Form 8379?
Form 8379 requires reporting information such as both spouses' names, Social Security numbers, filing status, income, and any deductions or credits claimed.
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