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Form 8379 Texas Tarrant: What You Should Know

A “Claimed Tax Refund Allocation” means that you are the injured spouse. The injured spouse is the taxpayer who filed Form 8379 for a refund of the overpayment. An injured spouse is usually the wife of the taxpayer who filed his or her own Form 8379 for a refund of the overpayment. A married couple with a child can claim their child as an injured spouse on their joint return. This is because the child is a qualifying person for both the earned income tax credit and the child tax credit, when applicable. When an injured spouse (the husband)/wife of the taxpayer filing Form 8379 is the “claimant” on the Form 8379, the taxpayer is the injured spouse's spouse, and their combined gross income is the same as the person claiming the Form 8379. You can be both injured spouse claimants on a joint return. If the injured spouse is not the taxpayer making a claim for a refund and the injured spouse is not the taxpayer making a claim for a refund, the injured person making a claim is the taxpayer who is not the injured spouse and whose overpayment is being allocated. The “claimed” overpayment is the amount of money the injured spouse is entitled to receive as a refund and is also the amount the injured spouse owes to the taxpayer. If there has not been a valid Form 8379 filed with respect to an assessment of your spouse's tax return that was the subject of a valid Form 8379 filed, you can't claim any amounts for an overpayment. If you are the spouse injured, the person making an injured spouse claim must be the injured spouse, not the person making the claim for your spouse. Also, the injured spouse makes the claim and you or your designated representative makes the agreement to give back an overpayment for you if there are any amounts for overpayment. How the Form 8379 Claim Form Works The Form 8379 Claim Form is a one-sided notice. It summarizes all the facts required to claim your spouse's tax refund, including: The amount of the refund the injured spouse was overpaid, the date and place to claim your tax refund and what the payment or payment agreement is with the offender(s); and A statement of whether your spouse is claiming a tax refund on a Form 8379 or any other statement concerning the refund you filed. A Form 8379 Claim Form is not an official document and does not have a legal effect. You cannot represent yourself or file this claim on your own in any matter.

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