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4 Are you legally obligated to pay this past-due amount Yes. Stop here. Do not file this form. You are not an injured spouse. Cat. No. 62474Q Form 8379 Rev. 11-2021 Page 2 Allocation Between Spouses of Items on the Joint Return. See the separate Form 8379 instructions for Part III. Go to line 3. No. Stop here. Do not file this form. You are not an injured spouse. 3 Did or will the IRS use the joint overpayment to pay any of the following legally enforceable past-due debt s owed only by your...
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What is the 8379 form for?

The Injured Spouse Allocation is a document that the injured spouse must file to reclaim overpaid taxes. An offset of overpaid taxes may be returned to the injured spouse after filing the 8379 form to share the joint refund. Not all debts or obligations may be on this paper, so contact the IRS for more details if needed.

Who needs the 8379 form?

Form 8379 (Injured Spouse Allocation) is for people who have the legal status of Injured (negatively impacted) Spouse. The first page of the template includes questions that help you determine if you are an injured spouse or not.

Married couples share responsibility for their tax obligations. If one spouse falls behind on alimony, federal or state taxes, or has other past-due obligations, the Department of Treasury can take the taxpayer's refund to cover these past-due debts from both spouses.

What information do you need to file the 8379 form?

To complete IRS Form 8379, you need information about the joint return (names and social security numbers of spouses) and allocation between spouses of items on the joint return.

How do I fill out the 8379 Form in 2022?

To fill out the sample, you must provide the following information:

  • The tax year of filing
  • Have you ever filed a joint refund
  • Did IRS use overpayments for paying legally enforceable debts
  • Obligations of payments
  • Community resident status of an applicant
  • Did the applicant have reported payments
  • Incomes (from salaries, wages, or self-employment)
  • Credit history

Follow the instructions below to accelerate filling out Form 8379:

  1. Click Get Form to open a template in pdfFiller, our online editor.
  2. Complete the survey to ensure you are eligible for filing.
  3. Fill out Part II, including data about the tax refund, which is found in the tax declaration. Insert the name and social security number of each spouse. The one who is injured must fill the checkbox.
  4. Mark the checkbox on line 11 only if both spouses were issued a refund. Enter names for each spouse who will receive a refund in all other cases.
  5. In Part III, specify allocations between spouses.
  6. Complete the document by signing (using the Sign tool) and dating.
  7. Select Done to apply changes to the record and close the editor.
  8. Save your document, print it out, or send it by email.

Do other forms accompany the 8379?

Injured Spouse Allocation is accompanied by 1040-X and with a standard tax payment declaration.

When is Form 8379 due?

Submit the document as soon as you learn your share of overpayment was or will be applied to cover your spouse's past-due obligations. You have three years until the original refund will expire or within two years from when the last payment was made.

Processing forms may take 8 to 14 weeks, depending on the filing type (electronically filed documents are processed much faster).

Where do I send the 8379 Form?

Send the completed document to the Internal Revenue Service Center for the region where you live (your mailing address) when submitting it with your joint return, by itself after filing a joint return electronically, or with an amended or other subsequent return. If you file a completed document by itself after filing your joint return on paper, send it to the same Internal Revenue Service Center.

Video instructions and help with filling out and completing injured spouse form
Instructions and Help about injured spouse form
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
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