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Form 8379 for Suffolk New York: What You Should Know

Here is the form. You need your injured spouse's Social Security Number (SSN) for your taxes to be processed. See IRS: If spouse is dead, your spouse can't file an 8379. When to file an 8379 If your injured spouse was deceased In most cases, you do not have to file Form 8379. If you can establish the injured spouse was more than 60 days disabled, you can file Form 8865, but only if your injured spouse was not under a decree of disability or incapacity, and you were not under an order of such disability or incapacity. Injured spouse must be disabled or incapacitated to qualify. For more information, see IRS: The Rules That Apply to a Disability. If your spouse is deceased If your spouse died within 12 months of the filing of Form 8379, you cannot file Form 8379 because the spouse was not disabled or incapacitated. If you don't file Form 8865, you must file Form 7056 and claim your share of the spouse's disability benefit for Medicare from the Internal Revenue Service. See IRS: Surviving Spouse's Social Security Benefit (Social Security Amount). If your spouse was disabled or incapacitated at the time of death You can choose to file Form 8379 regardless of when that happened. The Form 8379 instructions assume that your spouse was disabled or incapacitated at the time of death, but that is not required. You may decide to file one or both of the following when you file Form 8379 (or your Form 8379-A return if filing in combination with Form 8865)-- If the other spouse was not disabled or incapacitated Injured spouse must be disabled or incapacitated to qualify. For more information, see the section entitled, “Who Must Have Been Disabled or Incapacitated to Claim an Injured Spouse Tax Refund Allocation.” If your spouse was disabled or incapacitated at the time of the death Injured spouse must be disabled or incapacitated to qualify. For more information, see the section entitled, “Who Must Have Been Disabled or Incapacitated to Claim an Injured Spouse Tax Refund Allocation.” If the other spouse was disabled or incapacitated at the time of the death and did not die in the same year you filed your Form 8379 return In order to get at least some of the spouse's disability tax credit, you don't have to file Form 8379.

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