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Form 8379 Online Sparks Nevada: What You Should Know

They must make a claim to the IRS if they are claiming the injured spouse's credit. Form 8379 is not allowed to be included in the joint tax return of the following people: Married filing separately  The injured spouse must not have been the recipient of an award in any of the following categories: Child credit Child Exclusion Earned Income Credit Other If the couple does not claim credit to their account for injured spouse (Form 8379), they will forfeit some or all of their refund: Who to File Form 8379 with When filing a married couple, the injured spouse must file with the married filing separately filing status. How to File and Claim Your Injured Spouse's Refund If all other conditions apply, a married couple can claim their refund on their own tax return. However, the injured spouse can get a claim to be able to claim the refund under certain conditions. First, if a spouse received an award for the family of the spouse's child, the injured spouse can file an application to claim their child and child credit. Second, if there is a claim for the child of the injured spouse, the injured spouse can make a claim for their child to get the refund. You'll need Form 8379 to claim in either case. If your spouse does not file a claim but does the other two requirements to get to claim their return, then the couple's tax returns would then look more like the next example. Example: Jane has an account with the bank with the statement “Injured Spouse” and she is married to Bill. Jane's first account statement tells her that she is a victim of an act of terrorism and that the award was awarded to her husband. Under these circumstances, Jane is entitled to a portion of the award. Therefore, Jane can file a Form 8379 with this account because it tells her she was injured, so it's included in the filing. In this example, Jane could claim 1/3 of the child credit on her Form 1040, Schedule A and 2/3 of the income tax credit to her IRA, the Archer MSA contribution to her Form 1024, and possibly claim an itemized deduction. Jane would have to file Form 8379 in order to claim any of this credit. Example: Bill has an account with the bank with the statement “Injured Spouse.” A few days after he finds out of Jane's situation, he decides to file a Form 8379 on his behalf.

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