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Form 8379 for Orange California: What You Should Know

Who Needs a Form 8379? The injured spouse or legal guardian who filed Form 8379 when the individual is injured or the taxpayer's legal representative. Where Can I Find Information On The IRS Form 8379? Information for tax preparers Filing Forms 8379: The Form 8379 instructions, examples, a sample declaration, information on Form 8379, and instructions for claiming Injured Spouse Allocation may be obtained  from the IRS and the IRS. IRS Form 8379 FAQs IRS Form 8379 — Legacy Tax & Resolution Services IRS Form 8379 is the request for Injured Spouse Allocation. IRS Form 8379 IRS Form 8379 Instructions What Happens If I Have My Taxes Altered By An Estate Tax Return? The IRS will only consider the altered return when applying Injured Spouse Allocation, except that an IRS Form 1040 can be modified under the tax reporting rules of the deceased estate. (See the section of the IRS website on the modified Form 1040.) If I Have A Taxpayer Identification Number (TIN) I Can Use the Injured Spouse Allocation To Claim The Excess Refund Of Tax Paid On A Form 1040. How Does The Injured Spouse Allocation Work? The injured spouse gets a refund of the excess tax paid on Form 1040. The injured spouse must send an additional payment to the IRS to the same account that is the source of the tax. Why Are Injured Spouses Generally Taxpayers? The injured spouse is generally a taxpayer under the laws of the United States; the injured spouse could be: A U.S. citizen or resident alien A U.S. employer whose employee can get a Form 1040A through a partnership or an S corporation An individual who worked for an income tax unit where all wage and salary income must be subject to tax A trust, if its beneficiaries meet the requirements of Chapter 7 of the Internal Revenue Code If they met one or more of these criteria they are a tax taxpayer. What Is a Spouse? An individual who is married to another individual for one year. The two individuals do not have to be married to be considered a married couple for the purpose of the injured spouses and injured spouses' tax return allocation.

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