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How to prepare Form 8379
About Form 8379
Injured spouses must be married, and the injured spouse or the injured spouse's children must be filing a joint tax return. It is not enough that the IRS has seized the refund from their joint return. But, it's not enough that their refund is frozen. Innocent spouses have no such protection against the Treasury Department. It's also against the law for the IRS to demand that one spouse make partial payments to the other spouse for a debt that the injured spouse never filed a claim for and was never liable for. When will the IRS seize your refund? The IRS uses the seized funds to pay creditors or to repay tax debts owed to the government. But in rare cases, taxpayers will have trouble getting the money back. The Department of Justice has used the money from the IRS to pay debtors, including criminals, many times, says Stephen Decoder, senior advisor at the National Taxpayers Union. And there is another reason why some taxpayers have a hard time getting their funds back. They were evicted from their homes. Under the terms of the IRS's rules on foreclosures, the IRS is barred from requiring a taxpayer to relinquish the home and any income earned it. But if a homeowners' insurance company or another lender demands this of a homeowner, that lender can ask the IRS to take the funds. Some borrowers might be tempted to go along with such demands, but they should never under any circumstances be asked to pay back the cost of the mortgage and its premiums by paying for a foreclosure. What happens when the IRS asks you to pay back a debt you did not owe? A bank might send the IRS a bill showing that money owed about three months ago. The IRS doesn't go after the homeowner. Instead, the bank contacts the government and gets permission to hold the seized money. If the federal government takes no action — the IRS doesn't seize the tax refund — the bank can be fined. Once the bank releases the money, the homeowner is out all the money in her account. The bank can take legal action at the end of the month if the money is not returned. The IRS can take action against the tax return if the homeowner does not file it in time. And taxpayers will have little recourse, says Decoder. For starters, they typically have to wait until the end of the year before filing anything about the tax refund that was taken.
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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 gonna 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 gonna go through and read these guys, and they can be a little bit 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 in wages and the spouse roughly has fifty grand, and we're gonna say that the two children on the return or being claimed by her including herself or his himself, so we're gonna give the number of exemptions three you would then go ahead and add or move any of these dollar amounts over to the spouses side those that you want you can see that the federal tax withheld is going to be pulled from the return nothing for you to do there again just another little note down here at the bottom 11 to 14 weeks delay on receiving your refund whenever this form is attached to the return we are then going to click continue it is then reiterating hey you know this is going to take forever that you're putting this on their okay so we want you to be very clear and your taxpayer to be very clear that there's nothing we can do about this once you tag the form on the return the IRS is gonna take their sweet time reviewing it, so you've got 7 to 21 days and you can tag another 14 weeks you know for three and a half months on top.