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About Form 8379

Form 8379 is the "Injured Spouse Allocation" form that is used by taxpayers who file a joint tax return with their spouse but have had their portion of the refund withheld by the IRS. It is used by taxpayers who believe they are entitled to a portion of the refund but have been denied because the other spouse owes certain debts or past-due amounts, such as past-due child support or student loan payments. In short, Form 8379 is for spouses who are not responsible for the debt but don't want to suffer financially for someone else's mistake. It allows them to request the portion of the refund that they would have received if the entire refund were applied to their jointly filed tax return. It is important to note that only one spouse can file Form 8379 per tax year, and it must be submitted separately from the joint tax return.

What Is Injured Spouse Form?

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Things to know about Form 8379

What is the filing form 8379?
Title: Understanding Filing Form 8379: Injured Spouse Allocation Introduction: When it comes to filing taxes, it's common for couples to file jointly to maximize their benefits. However, if one spouse has outstanding debts or obligations, their tax refund could be offset to cover those amounts. To protect the other spouse from losing their share of the refund, the Internal Revenue Service (IRS) has a solution called Form 8379, often referred to as the "Injured Spouse Allocation." In this article, we'll delve into what Form 8379 entails and how it can help couples navigate these complex situations. 1. What is Form 8379? Form 8379 is a federal tax form that allows a spouse to claim their share of a joint tax refund if it has been offset or withheld due to the other spouse's past-due federal or state debts, child support, or other financial obligations. 2. Who should file Form 8379? You should file Form 8379 if you earned income and had taxes withheld while filing jointly with your spouse, but your portion of the refund is in jeopardy of being offset due to your spouse's financial obligations. 3. How does Form 8379 protect the injured spouse? By filing Form 8379, the injured spouse can provide the IRS with their income, deductions, and credits separately. This allows the IRS to calculate and allocate the portion of the refund due to the injured spouse, ensuring they receive their rightful share. 4. What information is required to fill out Form 8379? When filling out Form 8379, you will need to provide basic information about yourself and your spouse, including Social Security numbers, income details, and any exemptions or credits you're eligible for. Additionally, you'll need to disclose the amounts that qualify your spouse for offset, such as tax debts, child support payments, or other obligations. 5. How to file Form 8379? Form 8379 can be filed either electronically or through traditional mail. It can be attached to your original joint tax return or filed separately after the return has been submitted. The IRS advises using electronic filing for faster processing. 6. What to expect after filing Form 8379? After filing Form 8379, it typically takes about 14 weeks for the IRS to process and allocate the injured spouse's portion of the refund. Once processed, the refund will be issued as a separate payment or direct deposit to the injured spouse. 7. Situations when filing Form 8379 may not be necessary: In some cases, if the injured spouse has no tax liability, income, or any legally refundable credits, it may not be beneficial to file Form 8379. Consulting a tax professional can help determine the best course of action in such circumstances. 8. Frequently Asked Questions (FAQs) about Form 8379: - Can I e-file Form 8379 separately after already filing my tax return jointly? - What should I do if I've already filed Form 8379 but need to amend it? - Can I file Form 8379 if my spouse owes state or other non-federal debts? Conclusion: Form 8379 acts as a protective measure for spouses facing the potential loss of their share of a joint tax refund due to their partner's outstanding financial obligations. By filing this form, an injured spouse can secure their rightful portion and prevent financial hardships caused by their partner's debts or obligations. Understanding the ins and outs of Form 8379 empowers individuals to navigate these complex situations effectively and safeguard their financial well-being.
What is the difference between Form 8379 and 8857?
When it comes to navigating the complexities of tax-related issues, two forms that often come up are Form 8379 and Form 8857. While both forms fall under the Internal Revenue Service (IRS), they serve different purposes and are used in distinct situations. Let's take a closer look at the differences between these two forms: 1. Form 8379 - Injured Spouse Allocation: Form 8379, also known as the Injured Spouse Allocation, is used when a couple files a joint tax return, but the refund is expected to be seized or offset to cover the debt of one spouse (e.g., unpaid child support or federal obligations). The purpose of this form is to allocate the portion of the joint refund that belongs to the "injured" spouse who isn't responsible for the debt. By completing Form 8379, the non-debtor spouse can potentially protect their share of the refund from being taken. Key points regarding Form 8379: - The "injured" spouse is the one not responsible for the debt. - This form is used to protect the non-debtor spouse's portion of the refund. - It allows for the allocation of the refund between both spouses. 2. Form 8857 - Request for Innocent Spouse Relief: Form 8857, the Request for Innocent Spouse Relief, is used by taxpayers who believe they should not be held responsible for the tax liabilities incurred by their spouse or former spouse. This can happen if the spouse (or ex-spouse) underreported income, falsely claimed deductions, or engaged in fraudulent tax activities without the other spouse's knowledge. By filing Form 8857, an innocent spouse can request relief from the tax obligations attributed to their partner. Key points regarding Form 8857: - It offers a way for an innocent spouse to seek relief from joint tax liabilities. - Released from specific tax debts if criteria for innocent spouse relief are met. - Can be utilized in situations involving unauthorized or improperly reported information. In summary, while both Form 8379 and Form 8857 deal with tax-related issues, they serve different purposes. Form 8379 focuses on protecting the portion of a joint tax refund belonging to a spouse not responsible for certain debts. On the other hand, Form 8857 is used by individuals seeking relief from joint tax liabilities resulting from the actions of their spouse or ex-spouse. It is essential to understand the distinctions between these forms to ensure accurate filing and proper resolution of tax-related matters.

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Video instructions and help with filling out and completing Form 8379

Instructions and Help about Form 8379

In this video we're going to be talking about the form 83-79 injured spouse and just real quick the injured spouse form is used in a scenario where one of the spouses has some sort of debt and whether it be you know back child support or unpaid taxes and the IRS is going to then garnish the refund for that that debt in which case one of these spouses would be negatively or adversely affected, so you would file this form allocate the monies to whom they belong the dependents and everything else in which case it will then split the IRS will only garnish that of the spouse with the debt so not going to go into a ton of detail but a couple of different ways to get to the form you can come over here to the miscellaneous forms and top right there is the form 83-79 you can also just type in injured which is the way I remember it I stink it remembering form numbers, and then we're going to click in here on injured spouse allocation read this guy click continue so there is a significant disclosure that hey your refund is going to come very much delayed so just anticipate the fact that things are going to be slow now you're going to go through and read these guys, and they can be a little tricky, but I'm going to select yes the debt is only owed by my spouse for one of these items okay, and I'm also going to select that I did make and report payments such as federal income tax withholding or estimated tax payments okay so check those two guys if you look at the w-2s the spouse and the primary roughly have about the same amount...