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Form 8379 AR: What You Should Know

S. Taxing authority, such as the Canada Revenue Agency or the United States government. You cannot claim this amount as a tax refund. Injured Spouse Exemptions | Arkansas Law Help For Form 8379 and other federal injured spouse tax relief, you may be eligible for state law relief. Contact the person listed below for more information on your state of tax residence . Injured Spouse Relief | AndreTaxCo, LLC If I'm not a U.S. citizen, can I file Form 8379 for the deceased person for whom the filing is filed? No. Form 8379 for an injured spouse must be filed by someone who is a United States citizen, is a resident of the state, or is a resident of the United States. If the Form 8379 is filed by a non-resident, then the individual's foreign tax liability and federal tax withholding must be filed on the individual's own IRS tax return. If filing by e-file, a form 7095 must be obtained from the IRS using the applicable e-file online service. You must pay the non-resident individual the tax he or she owes to the U.S. by using a W-2 form. The Internal Revenue Code provides that an injured spouse must be allowed to claim the following federal and state tax relief items: (1) Injured Spouse Exemptions — The injured spouse must be allowed to file any state tax return claiming the federal tax relief items that exceed federal tax withholding. (2) The spouse of a deceased person must be allowed to claim the federal tax relief item that he or she would have claimed if the individual had not died, for the deceased person's estate. (3) The state will not withhold, or credit against the deceased person's federal estate tax exemption, state gross receipts tax, or state sales tax. (4) The spouse of a foreign-born individual must be allowed to claim a foreign tax exemption equal to his or her U.S. exemption for the foreign tax year. The income will be allocated as follows: First Year in State Year of Foreign Born (or Last Year in Country) Taxable Income Over U.S. Tax Inclusion Amount 1 1.02% of taxable gross income (2.

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