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Form 8379 Online Vallejo California: What You Should Know

The basic concept is this: If you don't claim your spouse when you file your income tax return, that spouse gets any income the other spouse earned during the tax year. If you have someone else claim your wounded spouse, that person is the injured spouse for purposes of the tax law. As a wounded spouse, you can apply for a tax refund of up to 50 percent of the refund you get to be transferred to the injured spouse. To claim an injury, the injured spouse must have been physically present and actually in your position on that date and can receive a refund only until the same injury has occurred in his or her position; and, your claim must result in recovery of actual damages. What happens for married people claiming the injured spouse allocation? If you and your spouse are married, the injured spouse allocation rules apply to you both. In general, married people filing jointly and claiming the injured spouse allocation for the year in question should follow the rules that apply to each other. If one spouse is injured and other spouse is not, the injured spouse allocation rules usually give the lower threshold value to the injured spouse. The spouse with fewer injuries generally gets the smaller amount. However, certain marital exemptions or credits — and certain tax provisions based on tax brackets — can modify the allocation rules for married taxpayers filing jointly. Marriage tax credits, such as the marriage tax credit, can limit the value of the injured spouse allocation. If there is no spouse injured, but you owe both an income tax and a self-employment tax on your income, you can reduce your spouse's allocation by getting the IRS to reduce the income tax or self-employment tax. If neither of you owe taxes on your income, the injured spouse allocation may give you more income than you are entitled to. In these cases, you should file the joint tax returns. What is this injured spouse allocation for? Income Tax Return Form 1040, line 21, line 26 or Form 1040A, line 21, line 26. For noncustodial parents and spouses of noncustodial parents only, a Form 8379 might be used for the wounded spouse allocation. Marriage Tax Exemption Qualifications Injured Spouse Allocation Requirements If the injured spouse has an adjusted gross income of not more than 15,600 (38,000 for a joint return), the injured spouse allocation rule applies. This amount is reduced by any amount that qualifies as a “marriage exemption.

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