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Form 8379 Lansing Michigan: What You Should Know

See Instructions for Form 8379. Injured Spouse Forms 8379 and 8379.8(b) — Also Tax Solutions Injured Spouse Form 8379.8 and 8379.8(b) are also used to get back a portion of the taxes owed on a joint income tax return. Form 8379.8(b) is also used to calculate any other overpaid tax that may not be included on the joint return. I'm a married, tax return filing a joint return. Do I have to include my injured spouse's share in gross income? You do not have to include any income of your spouse because you are filing a joint return. You, your spouse, and your children are the only ones who will pay any tax on any portion of the income for which you are the injured spouse. Your spouse will be responsible for paying the tax if it is withheld from your wages or any child of your marriage will have to pay any tax for income earned for him/herself and his/her children. The income earned by the injured spouse will never pay your spouse's tax. Your spouse is the only person who has to make any tax payments on any part of the joint federal income tax return, even if it would be unfair to do so. The income earned by the injured spouse cannot be used against any child or for any other reason for any tax. If you are filing a joint return for yourself and your spouse, then your spouse and your children will pay your share of the taxes on all of your income whether any part of this income can be applied to the part of their own tax return. Can I file Form 8379 with my employer? — My employer withholds from my paycheck the balance owing on my joint tax return. No. You have to file Form 8379 and not with your employer. My spouse files his taxes through his own employer. I do both of their taxes jointly. I do not need to file Form 8379 and need just to inform him about the tax liability. Do I have to disclose the earnings earned by my spouse or am I entitled to withhold a portion of those earnings for his tax? You must disclose all earnings by your spouse to the IRS. There is no requirement to withhold a portion of those earnings for that tax. You are entitled to have the total tax withheld. You do not have to give up any of your tax advantages to do this.

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