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The document provides detailed instructions for Form 8379, which is used by an injured spouse to claim their share of a joint tax refund that has been offset due to the other spouse's past-due obligations. It outlines eligibility criteria, filing procedures, and specific instructions for completing the form, including how to allocate income, deductions, and credits between spouses. The document also clarifies when to file the form and common mistakes to avoid.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

How do I qualify for injured spouse relief?

You may be eligible for injured spouse relief if: You filed a joint return with your spouse. Your tax refund was applied to your spouses overdue debts. You werent responsible for the debt.

What are the four types of innocent spouse relief?

Related Separation of Liability Relief. Equitable Relief. Injured Spouse Relief. Tax Relief for Spouses.

How to fill out form 8958 instructions?

Identify the state income tax refund from each payer on separate lines. Enter the total from each payer in column A and allocate the total from column A between each spouse or RDP in columns B and C. Identify the self-employment income from each entity on separate lines.

Can an injured spouse be denied?

Can the IRS Deny an Injured Spouse Claim? Yes, the IRS may determine that someone filing Form 8379 is ineligible for an injured spouse allocation, or that they are not entitled to as much as they believe.

Can the IRS come after my wife for my debt?

This makes you both legally responsible for each others tax liability. If youre lying awake at night wondering, can the IRS come after me for my spouses taxes? the answer is yes. This is true even if you didnt do anything wrong. In this case, the IRS will use your refund to offset your spouses liability.

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What requirements must be met when considering filing form 8379?

File Form 8379 when you become aware that all or part of your share of an overpayment was, or is expected to be, applied (offset) against your spouses legally enforceable past-due obligations. You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded.

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Got questions?

How do I qualify for injured spouse relief?

What are the four types of innocent spouse relief?

How to fill out form 8958 instructions?

Can an injured spouse be denied?

Can the IRS come after my wife for my debt?

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What requirements must be met when considering filing form 8379?

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