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Form 8379 for Franklin Ohio: What You Should Know

The Ohio law allows the injured spouse to claim a federal offset. In effect, Ohio offsets the state tax, not the federal. Under federal law, Ohio must file an IRS Form 8319, Claim for Refund, to obtain a refund of up to 4,000 per individual, 14,500 for joint or qualifying family members, and 30,000 for the estate (see 11 CFR §1307(e)). The injured spouse cannot claim the federal offset until the injured spouse has filed an offset Claim for Refund. What is a Refund of Tax Withheld in Error? — IRS If a spouse was not required to file Form 8379 by the IRS and the amount of tax withheld overpayment from the injured spouse was not overpaid, then Ohio must file a Form 941(a) with the IRS to request the refund of the tax with overpayment. The Claim for Refund must be filed with the IRS within 6 months after the IRS received the Form 8379 If the injured spouse files a Form 8379 with the IRS after the claim is filed, Ohio can only request the refund of any overpayment owed up to the full tax amount on the injured spouse's federal return and the offset for the tax withheld for a joint return. If the damaged spouse file a Form 8379 with the IRS earlier than 6 months from the due date of the original return, the injured spouse does not have to file with the IRS a Claim for Refund if the injured spouse file their own form in order to recover the overpayment to the joint return. Therefore, the IRS can issue a Form 941(a) for the injured spouse for any taxes that are owed on the joint return less any overpayment owed to the injured spouse under the federal law. Once the form is approved, the injured spouse can request from the IRS the refund of any overpayment, up to the tax amount on the joint return. If the injured spouse files a claim for refund before the 6-month period for filing a claim, the claim can only be submitted to the IRS to recover the overpayment from the joint return on which the claim is made. If the injured spouse file a claim for refund after the 6 month, the claim can only be submitted to the IRS to recover the overpayment from the joint return on which the claim is made.

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