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Form 8379 Minneapolis Minnesota: What You Should Know

Your taxes may still be over with a Form 8379, but the IRS will give you the balance. The IRS also can help pay the amount you owe even if you have to file Form 8379. Who May File a Form 8379? If your marriage has ended. If you are a new spouse who is married while your other spouse is incarcerated. You and your non-spouse are filing a joint federal tax return and your non-spouse is incarcerated. Your new spouse is filing a joint federal tax return, and you will file your own federal tax return. You or your ex-spouse has filed a Form 8379, but you have already filed a joint federal tax return. Dec 19, 2024 — When you file a Form 8379 with more than one spouse, the first spouse to file will receive the balance of the refund, according to current regulations. “But after that, you're on your own,” said Charles J. T. Crater, a law professor and tax law specialist at Fordham Law School. What is an Overpayment? A non-spouse spouse is eligible to claim the overpayment because he or she received a refund. However, the amount of the refund is not considered a taxable income to the spouse claiming the overpayment and the other spouse does not receive the credit, Crater said. Examples of non-resident, non-resident ex-spouses include: A spouse who is a U.S. citizen living in the U.S. because the spouse left the country or permanently removed from the country (Form W-2) An unmarried ex-spouse who is a non-resident because of a religious belief, such as a Quaker (Form W-1) A non-resident spouse who has married a person on a full-time basis in the U.S., but still lives or worked with the U.S. citizen spouse because her or he works in another country The benefit is limited to the amount of overpayment received in one tax return by the spouse claiming the credit. The benefits do not extend to a spouse who has the same spouse listed but uses Form 8379. A credit is computed on the basis of all the income from an ex-partner and from all the income of all the related persons.

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