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Fullerton California online Form 8379: What You Should Know

There are no current IRS rules against filing Form 8379 electronically. However, you must ensure that the information you enter in the online form is accurate and that you are allowed to file electronically. Do I Need to File a Form 8379 Allocation Petition for a Refund on My Other Spouse's Tax Return? No. Although a separate petition can be filed for each of you to get an equal share of the joint refund, the other spouse's return must be amended before Form 8379 can be submitted. The Refunding Process You cannot get back your portion of the refund by filing a Form 8379. However, you can get a refund on the same tax return for the past-due amount if you file Form 8379 using the instructions found on the Form 8379. Form 8379 may be filed when you pay or get your child married on a new or extended individual tax return. Form 8379 Allocation Petition Requirements and Related Forms If the amount that you will get in your refund from Form 8379 is less than zero, you will have to include it on your combined tax return. You will probably want to file Forms 4027, 4025, or 4024. The IRS will mail these forms along with Form 8379 if you paid more than 300 or filed a joint tax return for more than one tax year. If the amount is within the allowed limit on your joint tax return, you can use one of the other forms; check with your legal representative for information on which form to file as your Form 8379 allocation petition might be denied if you are over the limit, for example if your joint return is only for part of the year. Form 8379 Allocation Petition Contents When to File a Form 8379. If you want a refund from your spouse because of a past-due claim made against you as an injured spouse under the Internal Revenue Code, you will only have to file a Form 8379 when you paid that claim. If you do not owe anything to your spouse but have an equal share of a refund that is seized to pay for the past-due claim, you will automatically file a Form 8379 by completing Form 8379. When to File a Form 8379. (Rev. November 2021) A spouse who was injured in the course of the marital relations. See IRM 21.2.1.8.4.1.1, Injured Spouse Allocation.

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