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Carmel Indiana Form 8379: What You Should Know
Form 8379 can be filed by either spouse. This form was designed to avoid the overpayment of debt by a spouse after the divorce. This form is used to get the IRS to allow the former spouse to keep the tax refund, if the new spouse claims that the spouse who filed the 8379 is at fault for the overpayment. Since the taxpayer is allowed to keep the refund, the former spouse will not have to sue the ex-wife, but will have to do the right thing and file for a Form 8379. Both spouses can use 8379 to get back some money. In this way, the ex-wife can have her money back, her ex-husband does not have to try to sue his ex-wife. For the purpose of this article, we will use an example to provide more details about the form. An example will help us understand what is required to successfully use 8379. Example: A married couple, married for four years and file a joint federal tax return covering 2014. The couple pays income tax and child support on a joint return. The ex-husband makes his tax payment on his 2023 Form 1040. The ex-wife pays child support on her 2023 Form W-2. The IRS uses his 2023 return with the correct income and deductions to compute the overpayment. The ex-wife must claim a claim on the joint tax return for the refund in excess of the refundable amount that the ex-husband is required to pay. For this purpose, we will use the 2023 return with a total overpayment of 4,600 with the following deductions at the following rates: 4,000 (from child support) 1,000 (from income and other credits) 500 (from self-employment tax exemption and earned income tax credit) The ex-wife claims all the overpayment on her 2023 form 8379 (which may take 5–10 days). The claim will claim some 4,600 that the ex-husband must pay. The claim and the amount of credit on the claim determine whether the ex-wife is entitled to the refund or not. 8379. (1) When the taxpayer of a tax year claims an amount in excess of the refundable amount on the return for the tax year, the amount claimed shall be applied to the amount of tax that is not claimed on a return of tax for the tax year in which the taxpayer has made his or her claim.
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