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...
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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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FAQ - Form 8379
What is the purpose of Form 8379?
The purpose of Form 8379 is to ensure that the filing owner has met its obligations under the foreign tax treaty between the United States and the foreign country that provides the filing owner with an income tax residence. The filing owner is the person in the United States who is the holder of the filing account.
An IRS foreign tax treaty is an agreement that, among other things, determines the treatment of the gross income of U.S. foreign persons treated as residents of one foreign country by other foreign tax authorities;
The filing owner must satisfy the treaty obligation under its treaty,
The treaty obliged is the foreign government which administers the U.S. foreign income tax (or tax treaties) in which an individual holding a filing account resides. In general, the two principal types of such treaties are either a tax treaty between a foreign jurisdiction and the United States (like the treaty between the United States and Britain that provides for double U.S. source withholding) or a tax treaty between an allied and contracting country and the United States (like the treaty between the United States and Germany that provides for double U.S. source withholding). The term “foreign tax treaty” is generally defined to mean any treaty between two or more countries (including but not limited to U.S. treaty partners or the United States) providing for the exchange, in each case, between the gross income of the treaty partners and their respective income (including U.S. source) taxed under the treaty as provided in the treaty. An individual may be treated as a tax treaty partner of another person because that person is a treaty partner of the other person. However, because the individual (i) does not have actual knowledge of all the details of the tax treaty under which the individual has been treated and is not able to provide legal advice on the treaty and (ii) generally has limited ability to affect the outcome of treaty-based litigation (even if the individual is a treaty partner) and (iii) lacks any influence on the other persons' tax obligations under the tax treaty under which they reside, an individual is likely to be a tax treaty partner of another person (even if other persons are treaty partners of the individual) only in the unlikely circumstances in which the treaty partner (i) is an individual who is, among other things, the spouse of an individual, or (ii) is the child, son, or daughter of an individual.
Who should complete Form 8379?
This should be completed only by a spouse, an estate (like your parents) or a decedent's surviving spouse, children, an estate administrator or a guardian of the estate. It should not be needed by a non-spouse beneficiary, such as a beneficiary on your own will or an estate with no surviving spouse.
Can Form 8379 be executed in writing?
Yes. The executed form is signed, dated and witnessed in the presence of a notary public.
When do I need to complete Form 8379?
You must complete Form 8379 by the end of the calendar year for which you are filing. If you are filing Form 8379 for the previous tax year, you must complete Form 8379 by the end of the calendar year that the old Form 8379 was filed. If your tax return for 2016 is being processed, you will have until November 2, 2017, to file the Form 8379. If your tax return for 2016 is being processed, you can complete Form 8379 by January 2, 2018.
If you filed a single federal tax return and a state return, you must also complete the same form(s) and file them with the IRS by the end of the calendar year for which you are filing.
For each state return, you must file separate Form 8379 forms for each state. For example, if you filed a state tax return and a state income tax return, fill out only one Form 8379 for the year.
For more details on the form(s) that are required by Form 8379, see “What Will You Need to File.”
Related FAQs:
Do you have to file Form 8379 to file my return? Do I have to file Form 8379 for a new return where the previous return wasn't filed electronically?
To file, you must file Form 8379.
I am an unincorporated business owner who must file Form 8379 to report my profits on my Schedule C (Form 1040). How do I report my profits?
For information regarding how to report your profits, see the Information for the Businesses section in “How to File Your State Income Tax Return and Form 1040.”
For specific information for your business, see “General Business Topics.”
An S Corporation is an “incorporated trade or business” that does not pay federal income taxes. It should be noted that this type of taxpayer is not required to file a state return.
If I am a member of a federal tax withholding or remittance organization, do I have to file Form 8379 if it is my annual return?
Yes. A person who is a member of a federal tax withholding or remittance organization must file a Form 8379.
If my return is due more than one year after the end of the year in which it is due, do I still have to file? If so, are there any situations in which I do not have to file?
Yes.
Can I create my own Form 8379?
Sure. The main advantage of Form 8379 is that you can control the design of your document. If you have the skills or are willing to pay the fees, you can use your own form to submit proof of identification to your insurance carrier to help ensure the best possible protection. Many companies pay on a one-time basis for a Form 8379, or if you are eligible, you can use a Form 8379 to create a certificate of identity for your employees. Form 8379 is not a substitute for a professional legal services provider; that is, you should not request or hire someone because they have this certification.
What can you do with my Form 8379 if you use it to help me?
By using a Form 8379, you can help protect yourself against identity theft by keeping your records clean and available if someone comes looking for your information. You can also take advantage of the additional protection available to employees under the Employee Retirement Income Security Act (ERICA) by signing onto your Form 8379 if you have another form of ID with a picture attached.
What should I do with Form 8379 when it’s complete?
Fill out the Free Form 8379 Certificate with all income information reported on the Free Form 8379 Certificate: Schedule A and the Form 1040 and any schedules or other documentation you used to report your income on your tax return. If you received a Form 1040NR that shows no tax withheld, go to the back to line 30b of your Schedule A and complete Form 1040NR (with your other IRS forms) and complete line 30b. Include the original of both forms as proof of your tax return.
What is the difference between Form 1040NR and Form 1040?
The Form 1040NR shows how much tax, if any, has been withheld from your payment. It is for your use only and is not sent to the IRS.
I filled out all the required information, but am still concerned about filing my tax returns.
If you are unsure of the appropriate information to report, we can take the time to guide you through the necessary forms. You can contact us at.
How can I verify that I have filed the correct forms and paid my taxes?
Call the IRS at. You can use the tax forms and/or other IRS documentation we have in our file.
Can the IRS verify my identity?
Yes. The IRS can verify your identity over the Internet or by phone. We cannot do any of the following:
Provide copies of your IRS W-9 form
Verify your Social Security number
Provide a fingerprint or a photo (with a small fee)
Give an estimate for your tax return (this depends on where you live)
Is there a limit to the amount I can request for a refund?
We cannot issue a refund to anyone for non-tax owed that exceeds the dollar limit. However, if you are having difficulty with one of the forms used to request a refund, you may have additional options. The IRS website, is a good place to learn more information and resources.
If you received a Form 8379, can you still use it to receive a refund?
Yes. There seems to be confusion about the use of Form 8379, so we feel we need to clarify the situation a bit.
When you file your return, you may have to fill out a special form.
How do I get my Form 8379?
Please contact the State Department at.
What documents do I need to attach to my Form 8379?
All documents you need to attach must be dated within the 10 calendar year period preceding the mailing of notice to us, or within the 10 calendar year period preceding the date the person whose name is printed on the notice is alive. For example, if you sent the notice to the person on March 24, 1995, you must have made copies of the documents you mailed to us by March 31, 1995, to support your claim that you filed the Form 8379 before March 24, 1995. (For information on making and mailing copies of documents, see What Can I Do).
What documents do I need to include on a Form 8379 to file a claim of election indebtedness?
Each person on your claim must fill out and sign and return each form required on the Form 8379. The completed form must explain your claim and prove that your election indebtedness began before you became eligible for the mortgage interest deduction.
The form must be signed in the following places:
(1) On and under the following heading:
A. NAME (Surname), AGE, GENDER AND HEIGHT (in parentheses, if applicable):
(2) A line for the person's last name in the appropriate capital letters. For example, if the person's last name is Long and he or she is 55 years old, please enter “Long” in the box.
B. EMAIL ADDRESS (if applicable):
(3) A line for the person's address in the following format:
Street, City, State, Mailing Address of Household Member:
(4) The date that this election debt begins. Enter “Date of Election” if the election debt begins before the person attains age 17 or “Date of Election” if the election debt began after that person became 17.
C. FRAUDULENT TRANSACTION DOCUMENTS:
(5) Enter the taxpayer's name, address and taxpayer identification number (ITIN).
D. PAYMENT METHOD AND PERIOD:
(6) The person's taxpayer identification number (ITIN), if you have given that person information about the election debt.
E. SUBMISSION METHOD AND PERIOD:
NOTE: This will be the amount that you estimate to be the person's eligible election debt, calculated by adding interest payments and other allowable items of depreciation of the property you own.
What are the different types of Form 8379?
These are the four common types of Form 8379:
Form 8379-A
Form 8379-C
Form 8379-F
Form 8379-G
Some examples of Form 8379-A
This is an example of Form 8379-A that you may receive as a result of a transaction where the property was transferred during the year and the taxpayer acquired the property within 60 days after the close of the taxable year for the personal, family, and household purposes. To claim a foreign tax credit on this form, file Form 8379-A for the year you obtained the property.
Example to help you understand the rules in this example: Joseph bought a car, which was purchased within 60 days of his death. Because Joseph had been living in the Philippines for five years and had purchased the car on February 1, 1999, he filed Form 8379-A on February 6, 1999, to claim a foreign tax credit because the sale of the car was before January 31, 2000. Joseph may claim the foreign tax credit only if he makes the election described below, and then certifies that he made this election by signing and notarizing Form 8379-A, together with his return for the year in which the sale was made.
Joseph's Form 8379-A is shown below.
Joseph's Form 8379-A is shown below.
Joseph's Form 8379-A is shown below.
Joseph certifies on Form 8379-A that he made the election to be treated as living in the Philippines for the personal, family, and household purposes on which the credit is being claimed.
Joseph agrees to certify that all the following statements are true and correct.
Joseph agrees to certify that all the following statements are true and correct.
Joseph agrees to certify that all the following statements are true and correct.
A. Joseph did not live in the United States for the calendar year 1999 through December 31, 1999, and did not obtain a U.S. passport or other document permitting him to establish residency here during those years.
B. From the January 1, 2000, through February 6, 2000, date of his sale to the United States, Joseph did not live in the Philippine territory.
C. The United States was a foreign country for the calendar year 2000. On February 6, 2000, he acquired property in the United States.
How many people fill out Form 8379 each year?
If you find a site that has over a million hits per year, it may be worth your while to check with them, and see how they have been doing.
If you have more than one site and are interested in sharing your income from both of them (so far this approach has been more successful than sharing one site separately) then a website where your income from both sites is tracked is a good bet!
When I started doing this, I didn't want to put a link in the same place as my own site, but I needed a site where I could see the income I was earning from both sites but share only the income from my one site. When I went searching for a list of sites that were making similar income to mine, I ran into a lot of problems. Sometimes, the sites were making over 3,000 per month on just one site and I just didn't know where to start! I had to do some digging to check out different income sources.
Check sites by using sites like the one below:
And here is how I chose sites along these lines.
One of the sites I looked at was the Daily Earnings from a site called Net Income by Payday Loans. If you need a list of sites that are making similar income to yours, this is a site to check out. The site seems reputable and there is the added bonus of sharing earnings between all of your sites. A lot of the time, you can earn a lot of money from just one of your sites.
In this case, the Daily Earnings site has an example of a typical day in the work of a customer service representative who has a full-time position offering phone and online help. You can see a typical day by looking at the “Total Earnings” at the top of the site.
The Daily Earnings site tracks the total earnings for the month with a line under each representative (even though this isn't necessary it just looks a little nicer). This is helpful in helping with finding out exactly how much income you are getting and how much money you will need to earn for the next month to keep up with your lifestyle.
After looking at this site a few times, I noticed that they also list their earnings from their eBay listings and I have been using them for listing my own items in eBay.
Is there a due date for Form 8379?
The due date for Form 8379 must be in the next calendar quarter in which the return is due.
Where is the form?
Form 8379 is available from the IRS.
Will I receive Form 8379?
If Form 8379 is received on or before a due date, a paper version (Form 8379-EZ) and a hard copy, Form 8379-A, will be sent to you.
If Form 8379 is not received on or before a due date, an electronic version (Form 8379-EZ) and a hard copy, Form 8379-A, will be sent.
Can I use this form if I filed an online return?
Although the due date was included on the form if you filed your online return, the electronic version of the form was sent to you via email.
This form is only for taxpayers who filed Form 940 using the electronic version of the form.
I received the IRS e-file Form 8379-EZ. What documentation do I need?
The form includes an attachment indicating that you need to complete an IRS e-file electronic version and a separate document stating the e-file fee. The e-file information is on one page and can be viewed by either opening the attachment or the document. If you need to pay 10 or more in e-file fees, you must pay that amount with a credit card.
Note: If you do not provide the e-file fee on paper, the form will be returned to you and will not be processed.
Where can I obtain the form?
A paper version of the form may be obtained at:
Online: IRS.gov/FormsOnline
By Phone: U.S. Department of the Treasury, Taxpayer Enumeration and Collection Services
TTY:, Option 6
IRS Forms and Publications
IRS e-file
File online through the Electronic Federal Tax Payment System at. IRS e-file is now available on the electronic version of IRS tax forms. See IRS.gov/Forms and Publication 977 for more information on the electronic form.
Payment
To help offset the cost of electronic filing, the IRS offers a payment option to taxpayers that don't have a bank account.
What in Case You Have Made Errors within the Forms?
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