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Form 8379 Arlington Texas: What You Should Know

Forms 8379 must be filed by mail. The taxpayer must mail either Form 8379 to the address below: Form 8379 (11/2021) To file Form 8379 using the Electronic Federal Tax Filing System, go to IRS.gov.   IRS Form 8379 (11/2021) Electronic filing instructions If you would like help preparing or filing Form 8379, use the “Get Started” tool in Online Forms, or send a message to IRS.gov using Request a Transcript. What is the “Allocation” for Injured Spouse Tax Refund Allocation? The “Allocation” is made on the basis of the number of tax years (ages 18 through 40) a person was alive and was a dependent of the other person. Example: If married as of December 31, 2017, and had a life estate worth 1,000,000 at the time of death, his/her spouse would receive 600,000 in a spousal IRA, the other spouse would receive 100,000, and he/she would receive an additional 100,000 for age 40 (in this example, the husband was age 45 at the time of death and would receive the full amount of 600,000 because of this distribution). After death, the entire IRA and spousal interest would be distributed. The individual's marital survivor benefit is calculated at death, so any allocation made will not change unless the surviving spouse decides to include his/her individual share in the distribution. Also, the spouse with the higher income at death is eligible to receive the larger spousal IRA deduction, up until age 87 — see IRS Form 1099-R for more information about these distributions. Can I Claim the IRA and Spousal IRA As Deductible Personal Exemptions? Yes, if you are claiming these deductions on your 2023 tax return as a result of your spouse being incapacitated due to injury or illness. You can make a deduction for a spouse's disability-related retirement account only if the IRA was closed due to disability within the same calendar year. In general, if the IRA was closed due to disability within 6 years of the date you started the IRA, the IRA will not be a qualified retirement plan and will not be entitled to the deduction on Schedule A. If the IRA was closed due to disability less than 6 years after the individual started the account: the only way to claim the IRA deduction is through a Form 8403 (PDF).

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