Form Rev. November 2016 Department of the Treasury Internal Revenue Service Part I Injured Spouse Allocation OMB No. 1545-0074 Information about Form 8379 and its separate instructions is at www.irs.gov/form8379. Number and street For Paperwork Reduction Act Notice see separate instructions. Yes No City town or post office state and ZIP code Cat. No. 62474Q Form 8379 Rev. 11-2016 Page 2 Allocation Between Spouses of Items on the Joint Tax Return See the separate Form 8379 instructions for Part...III. Complete this part only if you are filing Form 8379 by itself and not with your tax return. Under penalties of perjury I declare that I have examined this form and any accompanying schedules or statements and to the best of my knowledge and belief they are true correct and complete. 4 Are you legally obligated to pay this past-due amount Yes. Stop here. Do not file this form. You are not an injured spouse. Allocated Items Column a must equal columns b c Income a Amount shown on joint...return b Allocated to injured spouse other spouse a. Income reported on Form s W-2 b. Keep a copy of Injured spouse s signature this form for your records Print/Type preparer s name Paid Preparer Use Only Date Preparer s signature Phone number Check if self-employed Firm s name Firm s EIN Firm s address PTIN Phone no. Go to line 3. No. Stop here. Do not file this form. You are not an injured spouse. 3 Did or will the IRS use the joint overpayment to pay any of the following legally enforceable...past-due debt s owed only by your spouse see instructions Federal tax State income tax State unemployment compensation Child support Spousal support Federal nontax debt such as a student loan Note If the past-due amount is for a federal tax liability owed by both you and your spouse you may qualify for innocent spouse relief for the year to which the joint overpayment was or will be applied. See Innocent Spouse Relief in the instructions. Skip line 9 and go to Part II and complete the rest...of this form. Yes. Go to Part II and complete the rest of this form. 10 Enter the following information exactly as it is shown on the tax return for which you are filing this form. The spouse s name and social security number shown first on that tax return must also be shown first below. First name initial and last name shown first on the return Social security number shown first check here 11 Check this box only if you want your refund issued in both names. Otherwise separate refunds will be...issued for each spouse if applicable. 12 Do you want any injured spouse refund mailed to an address different from the one on your joint return If Yes enter the address. Attachment Sequence No* 104 Should You File This Form You must complete this part. Answer the following questions for that year. 1 Enter the tax year for which you are filing this form* 2 Did you or will you file a joint return Yes. 5a b No* Go to line 5a* Were you a resident of a community property state at any time during...the tax year entered on line 1 see instructions.
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Instructions and Help about IRS 8379
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How to fill out IRS 8379
Instructions and Help about IRS 8379
How to edit IRS 8379
Editing IRS Form 8379 is necessary if you need to make corrections after submission. Ensure you have the original copy of the form, and then enter your updated information accurately. If using pdfFiller, you can upload your existing form, make the necessary changes, and save the updated version for filing.
How to fill out IRS 8379
Filling out IRS Form 8379 requires specific details related to your tax situation. Start by obtaining the form from the IRS website or using pdfFiller for an easy online version. You must provide information about your filing status, income, and the reason you are requesting a refund. Follow the lines carefully to avoid errors that could delay processing.
About IRS 8 previous version
What is IRS 8379?
What is the purpose of this form?
Who needs the form?
When am I exempt from filling out this form?
Components of the form
What are the penalties for not issuing the form?
What information do you need when you file the form?
Is the form accompanied by other forms?
Where do I send the form?
About IRS 8 previous version
What is IRS 8379?
IRS Form 8379 is the "Injured Spouse Allocation" form. It allows a taxpayer to claim their share of a joint tax refund if their spouse owes certain debts to the government. This form helps protect the injured spouse's portion of the refund from being applied to those debts.
What is the purpose of this form?
The purpose of IRS Form 8379 is to enable a taxpayer to request their part of a joint tax refund when their spouse has outstanding federal debts, like unpaid taxes or student loans. By completing this form, the injured spouse can safeguard their refund from being used to satisfy their spouse's debts without their consent.
Who needs the form?
Individuals who file jointly and whose refund is being withheld due to their spouse’s debts should complete Form 8379. If one spouse has overdue federal tax obligations or other liabilities, the form helps ensure that the innocent spouse receives their rightful share of the refund.
When am I exempt from filling out this form?
If you file your taxes as "Married Filing Separately," you do not need to complete IRS Form 8379. Additionally, if your tax refund is not in jeopardy because of your spouse's debts, there is no need for this form. Evaluate your situation to determine if filing jointly is beneficial before submission.
Components of the form
IRS Form 8379 includes sections for personal information, the allocation of income and withholdings, and a declaration of the injured spouse. Complete all sections accurately to ensure the form is processed without delays. Include your spouse's tax identification number and details about your income sources to support your claims.
What are the penalties for not issuing the form?
Failing to file IRS Form 8379 when necessary may result in the incorrect allocation of the tax refund. This can lead to delays in receiving your share and potential complications in resolving the tax situation regarding your spouse’s debts. While there are typically no fines directly related to the form’s absence, it can affect the timely administration of any refunds owed to you.
What information do you need when you file the form?
When filing IRS Form 8379, you need to provide your filing status, Social Security numbers for both you and your spouse, and detailed income information. Gather all necessary documents such as W-2s, 1099s, and any receipts for withheld taxes. Accurate information is crucial to ensure the IRS processes your claim correctly.
Is the form accompanied by other forms?
Yes, IRS Form 8379 is typically filed with your tax return, either as a part of Form 1040 or 1040-SR. Ensure that it accompanies the appropriate form to prevent processing delays. If you are filing after your tax return has already been submitted, you may need to amend your tax return to include Form 8379.
Where do I send the form?
Send completed IRS Form 8379 to the address designated for your tax return type. If you are filing electronically, include it with your electronic submission via the software you are using. For those submitting a paper return, carefully check the appropriate IRS mailing address for your state, as it varies depending on your state of residence.
FAQ about IRS 8379
What should I do if I need to correct a mistake on my IRS 8379 after filing?
To correct any mistakes on your IRS 8379 after it has been filed, you will need to submit an amended return. This involves filing a new IRS 8379 along with a cover letter that explains the corrections. Ensure that you reference the original submission and include any supporting documents that help clarify the changes.
How can I check the status of my IRS 8379 submission?
You can verify the status of your IRS 8379 submission by using the IRS ‘Where’s My Refund?’ tool online or by calling the IRS directly. Keep in mind that processing times can vary, and checking during peak periods may lead to delays in updates. Be prepared with your social security number and other relevant identification details.
Are there any special considerations for filing IRS 8379 for nonresidents?
When filing IRS 8379 for nonresidents, it's important to ensure that the appropriate forms are used, as nonresident aliens may have different tax obligations. You should be aware of any additional documentation required and possibly consult with a tax professional familiar with international tax laws to avoid common pitfalls.
What are some common errors that filers make when submitting IRS 8379?
Common errors include incorrect taxpayer identification numbers, failure to sign the form, and not checking for accurate calculations on the form. To avoid these mistakes, carefully review your completed IRS 8379 before submission and cross-check all required information against official records.
What should I do if I receive a notice from the IRS regarding my IRS 8379?
If you receive a notice related to your IRS 8379, it is crucial to respond promptly as instructed. Gather the requested documentation and provide any necessary clarifications. Consulting with a tax professional can also help you understand the implications of the notice and how best to address it.
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