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Printable Form 8379 Long Beach California: What You Should Know

A spouse (and other dependents, when you can do so) who is the spouse of injured spouse, or who is a beneficiary of an estate of an injured spouse who is an unmarried person, may receive a Form 8379. If the injured spouse is deceased and no surviving spouse is claiming the injured spouse's income, the surviving spouse may file Form 8379. If you believe you will need to claim any deceased injured spouse's income, contact the appropriate government agency before filing 8379. • Under section 7213(b), an injured spouse who has filed Form 8379 for any preceding tax year must file a return, either together with the spouse's return for that year or separately, within 6 years of the date the injured spouse dies. An injured spouse who is unmarried and dies before the 6-year period starts must file a Form 8379 no later than 10 years after the date of death.  No person living as a married couple or as a couple living as a single person may file Form 8379 during the 6-year period. You may also file it during the 1-year extension period, but the penalty is even greater. • Forms 8379 used to allocate a spouse's income between spouses (as part of the injury deduction for the injured spouse) must show the spouse's net income from his or her sources of income from both sides of the marriage. A Form 8379 used to allocate income may not be used to allocate the spouse's distributive share of family assets such as real property and bank accounts. The Form 8379 that is used by injured spouses to allocate and reduce a spouse's income can also be used to allocate the spouse's share of non-taxable earned income. However, the spouse from whom the injured spouse is entitled to income must not be allocated the injury deduction on this return. • The injured spouse's distributive share of the injured spouse's earnings may be allocated on Form 8379, Form 8379a, or Form 8379b, depending on the number of dependents. However, the spouse's distributive share of property or earnings may not be assigned on this form. If an injured spouse's distributive share is assigned, the amount of the injury deduction must be allocated to each spouse separately. • If Form 8379 is filed jointly or as a joint return on Form 1040, it must include information that helps you to avoid mistakes that a taxpayer can make with a Form 8379 and the Form 1040.

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