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Spokane Valley Washington Form 8379: What You Should Know

It may take up to 7-10 business days to process the form (after it has been received). Once the form is received at your state tax office, you must fill out the form and schedule an adjustment (see IRS Publication 563). Note:  If a tax year falls on the calendar year (April 1, April 15, and so on), you need to complete the Form 8379 by March 10 of that tax year. If a tax year falls on or after the 10th day of the following month, you need the Form 8379 filed by April 15 of that tax year. If you have already filed the last tax return that covers the injury, you will need to use one of the methods to amend your tax return that apply to you when filing the Form 8379. See IRS Publication 563 for more information. The injured spouse must file all Form 8379 within 3 years from the due date of the original return (including extensions). For this purpose, a tax year is a calendar year, or any month that is not a legal holiday. The injured spouse may complete the form at any time during the injury tax year. The injured spouse need not complete and submit the form if an adjustment has already been made by an overpayment that has been applied to the injured spouse's taxes on the injured spouse's Form 8379 (Rev. November 2021). The injured spouse is permitted to use Form 8379 in a subsequent year and for the purpose of recovering overpayments that have already been applied to the injured spouse's taxes on their Form 8379. The injured spouse need not complete this form if a joint tax return amendment is filed in favor of the injured spouse (see above) to recover overpayments that had been applied with Form 8379. Additional Information The injured spouse may be entitled to a refund of overpayments if they are the surviving spouse of a deceased qualifying person and the deceased qualifying person did not have a joint tax return and if a waiver has been applied to the injured spouse's share of the overpayment. An injured spouse has two options with regard to a waiver. If the injured spouse has been treated as a dependent for a previous tax year, the injured spouse may file a claim for a waiver, and the spouse may get a refund before filing a Form 8379.

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