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Form 8379 for Rochester New York: What You Should Know

Form 8379 — Injured Spouse Tax Refund Allocation Request or Claim. A joint or several tax filers can apply the injured spouse amount to the tax liability of one or more other tax filers. When the injured spouse amount was not included, you are not eligible for a refund. (See examples of joint vs several persons.) A joint or several persons can claim a share of the refund, but they should each claim the same share. The amount of the injured spouse amount will not be counted toward the amount of refund claimed by that person or that person's spouse. If the amount claims are to be combined, the total of the injured spouse amounts must be subtracted from each person's refund. For example, if two persons claim an amount for which the injured spouse allocation was not made, they cannot claim the total amount claimed by the other person or that person's spouse. All joint income tax returns filed on or before March 15, 2017, that were processed by the IRS must include a statement of the amount of the injured spouse allocation for each taxpayer. (Note: if the injured spouse allocation is applied as a refund, you will not receive a combined statement.) The injured spouse allocation will not apply to any refunded amounts. If you have joint tax liabilities, and you need to have all those liabilities added together (even though you have filed separate tax returns for each taxpayer), see page 3 of the instructions. Separate Returns — A Partition Form for Form 8379: Injured Spouse Tax Refund Allocation and Partition Form (Form IT-280) Separate returns from separate payees are a matter of federal law and may not be processed for refund. The joint return that is filed when the injured spouse amount is not claimed may be used for refund or part of a refund. The injury occurs before the joint return is filed.  Note: The Partition Form and Form IT-280 can be completed on paper or electronically after the Form 8379. No paper forms will be accepted; electronic forms must be attached within 45 days of date of original payment in accordance with IRS regulations. Form 8379 — Injured Spouse Tax Refund Allocation and Partition Form A taxpayer must use this form to partition the refund.

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