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South Dakota Form 8379: What You Should Know

The IRS can also recover the rest of the tax refund if an injured spouse doesn't file a Form 8379 (or is delinquent on the tax refund) (see IRS Form 8379 instructions for more on this). How to File an Incidental Tax Return as the Injured Spouse of someone else — IRS  If one spouse is the recipient (resident) of a joint return and another person is the recipient (resident) of a second return the injured spouse also must file a Form 8379 (see below for Form 8379 form for individuals). Injured Spouse Relief If you're filing an injured spouse report (or claim) the form with the IRS If you're filing a Form 8379 for individuals, you must also report any individual tax credits from your own return. Who has to file a Form 8379 for Injured Spouse Allocations? Married filing separately is not a valid injured spouse. However, if one spouse is the recipient or a resident of another taxpayer's state, then the other spouse will not file a Form 8379 to collect your tax refund without a tax return and state tax return with a separate state-by-state information as if the injured spouse were a resident of the injured spouse's state. If there are children, then there must be a separate Form 8379 form, or a separate (not attached to the Form 1040) Form 1040 N, for the children. Do not attach your Form 1040 to your tax return while the injured spouse makes a Form 8379. If you want a deduction on your Form 1040 to claim the Injured Spouse Allowance you must file separately. If you have an additional form of ID to claim the Injured Spouse Allowance you must also request this additional form from the IRS. You may be able to have two of the forms attached to your tax return, but the second one must be a separate form. See Injured Spouse Allocation (with filing form): If You Have Only One Injured Spouse — IRS page 24 for details about filing a supplemental form. You have the option to file an application for Injured Spouse Allowance in the form that you want. This is usually Form 8844, Supplemental Tax Application for Spouse of an Employer or Employee.

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