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Do i qualify for Injured Spouse Form: What You Should Know
You may be an injured spouse if you filed a joint return and the joint overpayment amount, offset from the tax owed by you, is applied to your spouse's legally enforceable past-due federal tax, State income tax, State unemployment compensation debts, State income tax, or State unemployment compensation. The IRS will intercept your refund if more than 80% of the refund is applied to those debts. If you're filing with H&R Block, you won't need to fill out this form if: There aren't any past-due state debts for which you are legally responsible. And you are filing the entire joint tax return. The IRS may still issue a refund based on your share of the overpayment. IRS Form 8379 — Injured Spouse Allocation — Turbo Tax and H&R Block What is IRS Form 8379: Injured Spouse Allocation — TurboT ax This form isn't generally necessary for all tax filers. For some tax filers, it may be useful to fill out and file Form 8379 to recover a portion of a past-due amount. This form isn't generally necessary for all tax filers. For some tax filers, it may be useful to fill out and file Form 8379 to recover a portion of a past-due amount. You may be an injured spouse if you filed a joint return and the joint overpayment amount is applied, by your spouse, to a past-due state tax debt, State unemployment compensation debt, State income tax, and one or more past-due State unemployment compensation debts. The IRS can intercept the entire refund from a married couple's joint tax return even if only one of the spouses was legally liable for the debt. IRS Form 8379 — Injured Spouse Allocation — TurboT ax To file as an injured spouse, you'll need to complete Form 8379: Injured Spouse Claim and Allocation. If you're filing with H&R Block, you won't need to complete this form if: You reported income on the joint tax return. You made and agreed on the joint return to pay the joint debt, State debt, State unemployment compensation debt & one or more past-due State unemployment compensation debts. The debtor was legally liable on the joint tax return for the amount of the overpayment.
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