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Form 8379 for Modesto California: What You Should Know

Tax Form 8379 and its accompanying instructions are sent to the individual or married couple by registered or certified mail, return receipt requested. The IRS does not mail the Forms 8379 to taxpayers who are tax return preparers or those who file Form 8379 electronically, though, in case taxpayers need to file an amended tax return. It is recommended that taxpayers obtain an estimated tax or similar estimate of the amount of their tax debt before filing Form 8379. Do I have to use form 8379 in case of a joint tax return? No, you can use other tax forms, including the joint or individual return, or do not file. You cannot file Form 8379 to get back your share of a joint refund for an unpaid debt, but you may file Form 8379 to seize a refund used for an uncollected overpayment of a delinquent debt. To take advantage of the joint refund seizure provision in the IRS law, both partners would have to file Form 8379 (you don't need to claim an overpayment in your spouse's tax return). IRS Form 8379: The injured spouse Allocation — Investopedia The injured spouse on a joint tax return and a co-payable tax debt is able to get back a share of the refund after the IRS calculates the proportionately larger share that both are entitled to. The refund does not need to be reclaimed. How is Form 8379 calculated? The injured spouse on a joint return: › For the filing spouse's claim, takes the tax credit, which will include the credit for the overpayment (i.e., the tax credit is the proportionately larger share of the overpaid tax debt that the injured spouse is entitled to); • For the co-payable tax debt, also takes the tax credit, with the exception that the co-payment is not based on the overpayment of the tax debt, but on how much has been taken out of the joint refund to pay the co-payable tax debt; • If the proportionately larger share is already claimed by the injured spouse, the injured claim is denied but, in any event, the joint tax return is not modified (except for filing requirements) and the joint refund is not seized. How is Form 8379 used? There are many reasons to use Form 8379: To reclaim some or all of a refund (or a lower-than-expected amount) of a joint tax bill due to an unpaid tax debt.

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