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Form 8379 Temecula California: What You Should Know

TDD:.  Form 8379: Injured Spouse Allocation Definition 2 May 2023 — When used with other forms (Form 8453), the injured spouse on the joint return gets back a share of the joint refund when the joint overpayment is applied to a  Form 8379 (Rev. November 2021) — IRS 5 May 2023 — When used with other forms (Form 8453), the injured spouse on the joint return gets back a share of the joint refund when the joint overpayment is applied to a Form 8453 and if only the injured spouse is receiving one half of the joint overpayment. Injured Spouse Allocation of a Gift Amount How Do I File Form 8379?  1. Fill out and mail the “Form 8379 — Injured Spouse Allocation” tax form (Rev. Go to for instructions and the latest information). 2. Print off and submit the forms to your District Office with the remainder of your refund. How Do I Pay? You can file Form 8379 electronically, or you can send Form 8379 with Form 1040 (see our Paying the California Lottery after you get your refund article).  The amount you can recover is generally not much more than the amount you were overpaid by the IRS through the Form 8379. To figure your recovery you must include in your income the total payments that you have received and not yet adjusted. To recover 1,000 from the first 1,000 that you received in income, then subtract 3.1%, your adjusted gross income equals 1,000,000 – 3.1%, and 1,000,000 is recovered. Don't panic: the IRS doesn't want you to file Form 8379. The IRS advises that you not file the form unless you are in serious financial difficulty. Also, if you owe the California Lottery money, you shouldn't file the form to protect your right to see the money because in most cases you will receive the money and that isn't your main concern. You should, instead, report the overpayment as an itemized deduction on your federal return. However, filing the form may cause your California Lottery to stop sending you lottery winnings. For assistance with determining your ability to file Form 8379 or for more information, see Help With Your California Lottery Tax Claim.

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