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Suffolk New York Form 8379: What You Should Know

The injured spouse also gets credit for taxes paid on the overpayment. It is not a way for you to get a refund for your overpayment. Note: Each state decides its own method for allocating the overpayment. This information here is for information only. It is not a substitute for state tax law. State tax law and the rules in your state may apply (not all rules apply in all states). Injured Spouse Tax Refund Allocation Requirements in 2018. — Injured Spouse Tax Refund Allocation Requirements in 2018 Injured spouse Tax Refund Allocation —  States that consider an unclaimed portion of an overpayment against the property of the injured spouse. Alabama — State law states unclaimed recovery of property must be included in the proceeds of the will. Property considered used and/or impaired at the time of the death is not considered to be lost property. [Alabama Code § 33-11-15] Alaska — An unclaimed portion of the overpayment can not be considered a loss to the injured spouse. If the unclaimed portion is in excess of 2,500.00, there is a minimum of 30 days for a determination of whether the property is subject to claim. If it is, the unclaimed portion is to be divided equally amongst the injured spouses and the overpayment is to be treated as an insurance claim. Arizona — Unclaimed property recovered in excess of 2,500.00 from an individual who is deceased or died within five years of the death of the individual or his or her spouse is not subject to property interest or recovery by the person who discovered the property. [Arizona Revised Statutes Ann. § 8-1201; Ariz. Rev. Stat. Ann. § 24-1118; Ariz. Rev. Stat. Ann. § 6-204-101] Arkansas — A claim for property owned or used by the deceased spouse must be submitted before the end of the next taxation year or the property is forfeited. The property that has not been claimed within 180 calendar days of the date the claim was filed is not subject to claim by the surviving spouse. California — An unclaimed property must be included in the individual's estate valuation. If none of the property is included in the valuation, then the unclaimed property can not be subject to a claim or interest in the property.

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