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Form 8379 Online Las Cruces New Mexico: What You Should Know

You do not have to file Form 8379 if your spouse was the legal obligor for the debt (injured spouse allocation). It is not enough for one spouse to have taken the injury to pay off a debt, even if that obligation was not paid. Instead, the other spouse may be allowed to claim the injured spouse allocation for that time period. The injured spouse allocation may also apply if only one spouse claims the allocation for injury on the joint return. You do not need to file Form 8379, injured spouse allocation by the IRS, if only one of you is legally owed the tax debt. The injured spouse allocation applies to the first 12 months of the tax year. If the total outstanding liability for the tax debt was less than 50,000, the injured spouse allocation still applies. If the total outstanding liability was 50,000 or more, the allocation may also apply if only one of you claims the allocation. The date by which you must file a joint return for the return year to make an injured spouse allocation is called the “injured spouse election.” Under the injured spouse election rules you do not have to file a joint tax return. Allocation applications are not available electronically. You must file your return by mail and mail the application to the IRS. (See IRM 25.5.5.7, Injury or Death Payments, at page 22 for more details.) The IRS decides when it considers an injury occurring as a result of the performance of a qualified act to be an injury under IRC Section 7805(d)(1) regardless of whether it was caused by you. IRC Section 7805 permits an injured spouse allocation to be made using your filing status and the “filing agreement” you have entered with your employer using your tax return. The date you need to file a joint return for a tax year does not depend upon whether each of you has filed a joint return. If you have filed a joint return for a previous year, you must file the joint return if the total outstanding liability for the tax year is less than 50,000, and your spouse was the legally obligated obliged for the debt. If the total outstanding liability is no more than 50,000, but you owe tax, see IRM 25.5.5.7, Injured Spouse Allocation (IRC Section 7805(d)(1)) for more information.

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