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injured spouse form

Get the injured spouse form 2016-2020

Form Rev. November 2016 Department of the Treasury Internal Revenue Service Part I Injured Spouse Allocation OMB No. 1545-0074 Information about Form 8379 and its separate instructions is at www.irs.gov/form8379. Number and street For Paperwork Reduction Act Notice see separate instructions. Yes No City town or post office state and ZIP code Cat. No. 62474Q Form 8379 Rev. 11-2016 Page 2 Allocation Between Spouses of Items on the Joint Tax Return See the separate Form 8379 instructions for...
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Comments and Help with 8379 form

Who needs an 8379 form?

The IInjured Spouse Allocation (8379 form) is people who have the legal status of Injured Spouse.

What is the 8379 form for?

The Injured Spouse Allocation is a form that must be filed by one of spouses (the one who is injured) for return of overpaid taxes.

Offset of overpaid taxes may be returned to the injured spouse after filing the 8379 form as a share from the joint refund.

Not all debts or obligations may be on this form. You can get details by contacting the IRS.

Is 8379 Form accompanied by other forms?

8379 form is accompanied by the 1040X form and with standard tax payment declaration.

When is 8379 Form due?

The form has to be filed within 3 years of the expiration of the original refunding or within 2 years from when the last payment was done.

Processing this form may take from 8 to 14 weeks depending on the form of filing (electronically filed forms process much faster).

How do I fill out 8379 Form?

To fill out this form, you must provide the following information:

  • Tax year of filing

  • Have you ever filed joint refund

  • Did IRS use overpayments for paying legal enforceable debts

  • Obligations of payments

  • Community resident status of applicant

  • Did applicant have reported payments

  • Incomes (from salaries, wages or self-employment)

  • Credit history

Information about joint tax return. There must be provided data about the tax refund, which was mentioned in the tax declaration. Place the name and social security number of each spouse. The one who is injured must fill the checkbox.

The checkbox on line 11 must be marked only if a refund was issued for both spouses. In all other cases, names must be placed for each spouse, who will have a refund.

Add information about previous refunds to the spouse. After that you must specify on part 3 allocations between spouses. Complete the form by signing and noting the date and other required information.

Where do I send the 8379 Form?

The completed 8379 form must be sent to the Department of Treasury, Internal Revenue Service.

Video instructions and help with filling out and completing injured spouse form
Instructions and Help about injured spouse form 8379
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 the person asking the question says can they take my child support balance from my wife's income tax and furthermore they say here's 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 it's 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 earing from your paycheck and she was a 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 it'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 your spouse's income tax 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