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8379 ins Form: What You Should Know

The federal filing deadline for Form 8379 is April 15 of the tax year in which the form was filed. To file a return electronically, go to Form 1040X. How Much Do I Need To Earn To Be Injured Spouse With Proper Credits? If your spouse was the one who filed a joint return, and he or she owes a debt for which you are not responsible, you may qualify as an Injured Spouse. Example (a): A married couple files a joint tax return, and their husband does not owe a balance on his credit card. The credit card was purchased, by them, with money from his checking account. Now, the husband has a debt to pay. The husband's total income from both his and wife's employment, and all other sources, is 120,000. The husband has a 10,000 credit card balance in his name, which he could pay off immediately without a penalty. The husband's total adjusted gross income is 70,000. Therefore, the wife qualifies as an Injured Spouse; he does not qualify. Example (b): A couple, both living together, each pay their own share of bills. In the previous example, the husband and wife, jointly, would have 25,000 of credit card credit on their own credit cards; but neither has a card balance. In this example, each individual also has credit card balances in their husband's name, totaling 35,000. Each individual's credit card balances are 19,000, or 7,000 for each person. Therefore, each person qualifies as an Injured Spouse. If you are an injured spouse, and you are filing a joint return, you are not required to file Form 8379 unless your spouse owes a debt that you are not responsible for (such as a credit card debt). If there are no credit card debts for you to repay, your spouse may be responsible for filing a jointly filed tax return, but you are not. If you plan on filing a joint return, and you are injured by the joint bill of your spouse, you may benefit from filing a separate and single Form 8379 for each person; for example, if your spouse owes more to the IRS than you do, but you do not owe the same amount to the IRS, you may be able to file separate and single Form 8379 for your combined debt.

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