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Form 8379 Online Naperville Illinois: What You Should Know

Illinois Department of Revenue has released its own form, 8379, which is used by Turbo Tax to calculate where the refunds are for spouses if you apply for a refund. The form 8379 must be filed with the couple's separate (separating) federal tax return to receive an allocation from the IRS. You should follow the instructions on the IRS Form 8379, Injured Spouse Allocation. 8379 can only be filed if one spouse receives a Form 8379. If the other spouse doesn't receive their allocation, the couple's entire refund will be taken for the federal portion and then transferred to the Illinois state side of the refund process. If any refund is not claimed from the Illinois state return, it will be transferred to the federal return to the amount of the taxes paid. The Illinois Department of Revenue does not provide any refund allocation for married couples. If two married individuals have a joint federal tax return, two Form 8379s must be filed to receive an allocation from the Illinois state side of the refund process and to apply for a federal tax refund. You must follow the instructions on the IRS Form 8379, Injured Spouse Allocation. May 7 – May 8, 2022, Illinois Revised Statutes Section 6-23 (a-1 through a-9) and (f) What you should do if you have filed Form 8379 with the Illinois Department of Revenue and your spouse receives a Form 8379 If either spouse had filed Form 8379 with the Illinois Department of Revenue and has filed a second state return, a spouse can still receive a refund allocation from the federal part of their taxes from the Illinois tax portion of the refund. You will still have to pay taxes on the tax you are receiving. However, if you have filed two separate federal tax returns, and one husband or wife and one spouse is receiving a Form 8379, the allocation is allocated to the spouse who filed the joint federal return but does not have a joint state return. Once the allocation is received by the spouse it cannot be used when determining entitlement to a federal refund, rather the allocation is used instead. There will be no change to the amount of the federal refund that has already been claimed for the Illinois portion, therefore the allocation will not be applied and the refund cannot be claimed. The allocation is only available if one spouse filed Form 8379 and the other filed a separate federal return and also filed a Form 8379.

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