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Corona California Form 8379: What You Should Know

When I file my Form 8379, my wife is not entitled to any payments under the EisnerAmper program until she files an amended tax return (Form 3911) showing the amount of overpayments that she received. So it takes some time for the state to get a hold of it, since it is so late on their side of the table! So the fact that Form 8379 isn't filed until July 17, 2019, means that it's not filed until April 22, 2023 — a month after I file my original return with the federal government. The IRS hasn't had more than 10 days to approve the return. It takes a lot of time for the IRS to actually approve the return and get my payment. But once the refund is approved, Form 8379 does become effective on March 31, 2020! So it will be effective March 31, 2020, for my wife, but if she's eligible for EisnerAmper under the IFS, it would only be effective from about April 19 through April 18. If the injured spouse is not entitled to EisnerAmper, she will not get either the 100 tax offset or the tax relief. And she won't get the full 1,400 in non-refundable credits.

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