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Form 8379 North Carolina: What You Should Know

To see more about this tax form, see: IRS Form 8379 IRS Form 8379 Injured Spouse Allocation. IRS Form 8379 Injured Spouse Allocation Rules & Penalties. IRS Form 8379 Injured Spouse Allocation — Form 8849-EZ. Here are questions that you should ask yourself about Form 8379 and how it might apply to you: What should we do with our 8379 Injured Spouse Allocation? You may be asked if you want your share of the joint refund to go in to your estate or your child's. (If the other spouse is not alive, then the share goes to the injured spouse.) Injured Spouses can claim the following tax deductions when filing Form 8379: Earned Income Credit — 1,000 Dependent Care Credit — 1,000 Exemption for Certain Income Exclusion From Income for Individuals — 8,800 (10,000 if over 60 years old); 36,000 if over 100 years old Child and Dependent Care Credit (also called Tax Credit for Child) — 4,000 Expenses Not Treated as Tax Deductions — 1,000 Gross Income Exclude Spouse — 8,400; maximum if over 200,000 but less than 250,000 Home Mortgage Interest Deduction — 500 Health Insurance Deduction — 500 Life Insurance Deduction — 500 Loss Carryover From Previously Excluded Income — 500 Qualified Retirement Plan Deductions — 500 Tax-Exempt Retirement Plan Deductions — 1,000 If you want your share, you need to include an itemized list of all of your expenses—so long as they are necessary and reasonable for you to sustain you as an injured spouse. Keep in mind that your expenses will be more limited if they are incurred during a period of unemployment or a period of disability. As a result, you will not be able to take any credit for those expenses that were incurred in the three months before the tax year in which the injured spouse was granted a refund. The rules are different if the refund amount exceeds the full amount of your previous tax filing tax liability.

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