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Form 8379 for North Charleston South Carolina: What You Should Know

Nov 1 , 2023 — Q&A Injured Spouse Allocation — eFile.com Form 8379 is used to allocate payments for a spouse with a qualifying disability to the surviving spouse who cannot support himself or herself. The filing spouse's income includes all Social Security (SS) retirement and disability income (up to the maximum retirement tax exclusion amount; see Form SS code T) earned during the marriage, as well as all earned income from self-employment, but not taxable wages. The surviving spouse's income includes all Social (SS), retirement and disability income (up to the maximum retirement tax exclusion amount; see Form SS code T) from sources other than self-employment, as well as unearned income from sources other than self-employment. If the filing spouse is unemployed, the surviving spouse is considered indigent and would be considered ineligible for Social Security. If the filing spouse is married, or divorced or widowed after filing the original return, the surviving spouse is considered indigent and would be considered ineligible for Social (SS), retirement, and disability income, regardless of whether the surviving spouse is employed. If a spouse has an invalid claim for a refund or if an invalid benefit is claimed, an offsetting refund must be filed with the adjusted tax return. If the spouse can pay the offsetting refund or claim no credit for the amount, and the surviving spouse can show that the disability claim was invalid, only the amount claimed for the spouse with a disability that would benefit is considered. This form must be completed on paper, and not by eFile.com. Form 8379, Injured Spouse Allocation, is filed by following the directions in Item 2 of the instructions. A completed Form 8379 may only be returned with the printed form; it cannot be attached to an eFile.com e-file. The application must be completed and return receipted with the completed paper form. Form 8379, Injured Spouse Allocation, may be uploaded to a personal electronic device (e-file.com, Microsoft OneDrive, Dropbox, etc.) to complete. After submitting the information, the request for Form 8379, Injured Spouse Allocation, will appear in My Account under My e-file. Then click on the link for the form. The following print out must be submitted with the completed Form 8379 electronically (see the instructions). The completed form must be received by IRS by 4:00 p.m.

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