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Printable Form 8379 San Diego California: What You Should Know

The County of San Diego is NOT holding a joint tax refund. Injured Spouse Allocation: Allocation of Tax Refund Amounts for California Law Enforcement and Emergency Medical Services Organizations For Law Enforcement and Emergency Medical Services Organizations Injured Spouse Allocation is Required. California Injured Spouses Injured Spouse Allocation Amount Allocation Process: The law places the responsibility for distributing federal tax refunds to injured spouses who are not entitled to a refund. The amount of tax credit to be distributed to these injured spouses is based on the amount of tax on their taxable income reported on their federal individual income tax return. It is important to note that the amount of tax credit distributed for injured spouses is reduced by a percentage equal to the number of months the spouse is enrolled in the Supplemental Security Income (SSI) program. If one of the injured parties was under age 19 when their family's home in California was damaged by the insured's gross negligence during the taxable year, then the injured party gets 50% (50/50) of the refund from the amount paid by the insured and is entitled to the share of the refund equal to the dollar amount of their injury. If the injured spouse was age 19 or older when their family's home in California was damaged by the insured's gross negligence during the taxable year and was less than 59 years old, then the injured party gets 95% (95/5) of their refund. A disabled spouse would also receive half of the benefit from the recovery. Under the Rehabilitation Act, disabled family members receive a percentage of the benefits. A disabled family member receiving the greatest of 2,000 or 2% of the credit received is entitled to 100% of the recovery. If the home of the injured spouse is not a primary residence, the county government must allocate the credit based on the home's value or the county of residence to the home's owner. (Section 11362.5(a)(4).

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