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Chicago Illinois Form 8379: What You Should Know

FAQ — IRS Form 8379 is used by the Illinois Department of Revenue as its injured spouse program. This is a statewide program that will provide for relief of tax obligations incurred to the injured spouse. When I file my return...do I need to file with Illinois Form 8379? You should file with Illinois if you are the injured spouse. The Illinois Department of Revenue will take the name of the injured spouse on your return. The Illinois Department of Revenue will need to know the name of the person injured as a result of the injury. Form 8379 will provide for that information. You will pay no Illinois tax on the unearned portion of your net income. Do I have to file Form 8379? Yes. Injured spouses should report their separate Illinois returns as part of a joint Federal return. The Illinois Department of Revenue has a special website for claiming injured spouse relief. See the special page on Form 8379. Please do NOT contact the Illinois Department of Revenue about filing a claim for injured spouse relief. If the injured spouse's U.S. spouse did not make a claim on Form 8379, they are also not required to file a claim. If my spouse does not claim injured spouse relief and claims no state income tax, am I entitled to a refund? No. Illinois tax liability and the amount of credit is reduced by the amount of tax you have paid to the Illinois Department of Revenue. If your spouse claimed injured spouse relief, and you did not make a state income tax filing, you may be entitled to a refund of the amount of credit claimed. However, the refund will be based on the adjusted gross income, so if you earned less in federal income tax than you paid to the state, you will be required to file a claim for innocent spouse relief for the lesser portion. If the injured spouse was also eligible for innocent spouse relief, you may not be entitled to a refund of the credit claimed; however, if you did qualify for innocent spouse relief, you will be able to claim it for future years. For more information, refer to the FAQs on Form 8379. Does Form 8379 require me to attach the federal Form 1040? No. Form 8379 only needs to be filed with the Illinois Department of Revenue.

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