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Nashville Tennessee online Form 8379: What You Should Know
Form 8379. (Rev. October 2009) — IRS Form 8379, Injured spouse Allocation — IRS. If the injured spouse is an adult, he or she must be filing the claim under the Adult Survivor Income Tax Act. For filing purposes, the injured spouse must be listed on the injured spouse's return and, if that person is physically unable to file a return for any reason, a letter will be mailed to the injured spouse to give him or her an opportunity to file a return. All the following must apply: The injured person is physically unable to file a return; The injured person is at least 60 years of age ; If the injured person is unmarried and has no dependents, the injured person must be required to file a joint return or must apply for the return of the dependent spouse, whichever applies; The injured person's spouse who will be the injured spouse's “unrelated dependent” for tax purposes; and, The injured person must file an application in a timely manner for a tax credit. Injured Spouse Allocation and Child's Welfare. If the injured spouse is an adult, he or she must be filing the claim under the Adult Survivor Income Tax Act. For filing purposes, the injured spouse must be listed on the injured spouse's return and, if that person is physically unable to file a return for any reason, a letter will be mailed to the injured spouse to give him or her an opportunity to file a return. The requirement must be met if the injury results from a crime, and it is the injured spouse's fault. The letter instructs the injured spouse to apply for child support and an order of protection. If the property recovered from the crime (real estate, personal property, etc.) is worth not less than 5,000,000, the letter allows the injured spouse's request for a tax refund by stating: “I have been required to file a Form 8379 regarding the treatment of my spouse on my returns. The amount of the payment for the tax liability on the property is not less than what was paid for the damage to the property before the filing of the Form 8379. Therefore, in order to receive a credit for the tax liability on the property, you must continue to pay the amount owed until I receive the Form 8379 to show that the amount paid was enough to fully recover the property. In addition, I will be required to continue to make payments of the amount owed for the tax liability on the property.” .
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