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Form 8379 for Las Vegas Nevada: What You Should Know

Injured Spouses must make Form 8379 when filing a joint income tax return (either original or amended) in order to recover their share of a joint refund, which is then apportioned based on income. If the other spouse owes you money but does not owe the IRS money, you may request Injured Spouse Allocation. IRS Form 8379 — Legacy Tax & Resolution Services If a spouse becomes totally and permanently disabled due to injury or illness, the spouse can't file Form 8379 to recover some or all of the joint refund and will therefore lose his or her share. If you file a joint return and make a joint payment to an injured spouse who has an adjustment of status request (Form 8379) you can file both the original Return, and the amended return within two years of the Form 8379 payment. If the injured spouse dies before the two-year period has elapsed, the IRS has the right to distribute the proceeds of the life insurance proceeds to the spouse who is entitled to it. You can ask your own insurance company to give you this right. See IRM 21.5.4.2,Life Insurance, for more information. There are other situations in which you may be able to request injured spouse allocation. The joint refund is taken from the same account as the Form 1040, or Form 40, whichever is higher. If a joint return is not filed within three years after the date on which an event causes the death of a spouse or surviving spouse, then a survivor benefit is taken equal to the joint refund, but the amount is adjusted to reduce the amount to which that survivor benefit is subject. An injured spouse who is liable for a return by a deceased spouse or surviving spouse on Form 1040 or Form 40 is no longer eligible in a timely manner to request injured spouse allocation. You must file Form 8379 within 3 years from the date you make your last qualified refund (including extensions) or within two years from the date you pay an overpayment of tax to the IRS or a court, whichever is later.

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