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Hawaii Form 8379: What You Should Know

The IRS sends these tax forms for reporting withheld from paychecks to the federal government. If you withhold no federal income taxes from your employees' pay you cannot have their wages reported when the Form 8379 is filed. All of these forms are filled out and completed: • Form W-2 (Employer/Payroll Payment Statement and W-2B) • Form W-3 (Employee's Report of Weekly Pay) • Form W-10 (Report of Unearned Income and Deduction). Be sure that you fill them all out, including the last page. There is an additional page on this form to report “income from sources outside of Hawaii and foreign countries.” Form W-10 is available as a photocopy. If there is an injury, the injured spouse is listed for tax purposes under the parent's name as of the date of the accident. If there has been no change as to parental ownership, the injured spouse is listed for tax purposes under the injured spouse's name. Form 8379 must be on file with the IRS (but it is a required form for all employers). Injured spouse's allocation for wages, income, and other tax purposes Injured Spouse Allocation for Wages — IRS Form 8379 can be completed for any injured spouse. It must be on file with the IRS (see below). Injured Spouse Allocation for Income and Other Tax Purposes — The IRS Form 8379 and Form W-2 can be completed for a wounded spouse, but only a copy of the W-2 must be attached to the Form 8379. Only the following is considered income under the injured spouse's name: • All earnings from the date of the accident up to June 30 of the year prior to the injury (this is referred to as the “earnings period”). • All income from sources other than wages, from the date of the accident until paid at least 90 days after the end of the income period. It is possible to have earnings be attributed to a date as long as the period can be easily determined from the tax statements. The “earnings period” does not include any sick or vacation days (or time that has not actually been worked). The sick or vacation days must remain within the last 30 days of pay.

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