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Riverside California online Form 8379: What You Should Know
If a spouse is injured, his/her percentage of any overpayment of tax is limited to the amount of the injury and/or the spouse's earned income for the year. The spouse with injured spouse is the dependent in the joint return and the injured spouse is entitled to all the joint refund, including the amount of any overpayment of tax and a claim for the overpayment. Get a copy of the form or ask your tax advisor about the procedures for filing a Form 8379. If an injured spouse is receiving unemployment compensation or a disability or sickness benefit or is receiving survivor benefits, he/she may be able to claim an injury exclusion from his/her benefits. In that instance, an injured spouse may file up to 1 Form 8379/8489/8493 to claim an exclusion from the joint refund. If this is the case, the injured spouse must submit a claim form (1 Form 8379/8489/8493, as appropriate) with the joint tax return for the amount that is attributable to the injury and/or the spouse's earned income for the year. The injured spouse's claim will be processed as a joint tax refund for joint filing purposes. The injured spouse will not receive unemployment compensation benefits or a disability or sickness benefit.
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