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ID Form 8379: What You Should Know

The following is information and instructions for filing Form 8379 : If you are an injured spouse and  “Form 8379 — Injured Spouse Allocation” is filed  by you and your spouse, your account balance when the refund of overpayment was paid may be  excised for a period of one year. This is done because your account balance on the original return was more  than your share of the overpayment. The amount in the “Injured Spouse Account” is your tax refund  exception (or “Injured Spouse Exemption”). If you are not an injured spouse, you can claim your overpayment without  exception, if your account balance is more than your share of the overpayment. The filing of Form 8379 in cases of overpayments and the amount of your overpayments will also reduce your  overpayment percentage. If your account balance is more than your partial share of your husband's, wife's, or both  overpayment, you will need to submit Form 8379 for each of you to have the excess amount paid to YOU. You can  send Forms 8379 for each of you if the amount you are claiming on the Form 8379 is less than or equal to  your share of the overpayment. Please see the Instructions for Form 8379 for further information on  claiming your overpayment. If you are an injured spouse and  “Form 8379 — Injured Spouse Allocation” is filed by you and one of your spouse's, you, or your spouse, can  request a determination that the other spouse is an invalid spouse for the purpose of the Form 8379 in  the overpayment method. The reason you are requesting the determination is if the overpayment has an  invalid reason for being an overpayment, the overpayment is an exception to your husband, wife, or both spouse's joint liability.  If your account balance on the original return was  more than your share of the overpayment, you can claim your overpayment without  exception, if your account balance is more than your share of the overpayment.

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