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Generally, if you file Form 8379 with a joint return on paper, the processing time is about 14 weeks. If you file electronically, processing is reduced to about 11 weeks.
Identify the type and amount. This income will generally be reported on the following lines. In column , include any income shown on your joint return from Form W-2.
In columns and , allocate any exemptions claimed on your joint return to the spouse who would have claimed them if separate returns had been filed. For example, you can’t allocate 3 exemptions by giving 1.5 exemptions to each spouse. Don’t file Form 8379 if you are claiming innocent spouse relief. Generally, both spouses are responsible for paying the full amount of tax, interest, and penalties due on your joint return.
Filling Out The Form
Rachel Weatherly is a tax product specialist with Credit Karma Tax®. She studied accounting and finance at Western Carolina University and has also worked as a tax analyst.
You can find her on LinkedIn. In light of all the facts and circumstances surrounding your tax situation, the IRS deems it wouldn’t be fair to hold you liable for the tax. This article was fact-checked by our editors and Rachel Weatherly, tax product specialist with Credit Karma Tax®. Of course, the offers on our platform don’t represent all financial products out there, but our goal is to show you as many great options as we can. Compensation may factor into how and where products appear on our platform . But since we generally make money when you find an offer you like and get, we try to show you offers we think are a good match for you. That’s why we provide features like your Approval Odds and savings estimates.
In column , include any other taxes shown on your joint return. These other taxes will be reported on the following lines. In column , include any tax credits shown on your joint return. These credits will be reported on the following lines. In columns and , include each spouse’s separate deductions, such as state and local income taxes.
How Do I Complete The Injured Spouse Form ( ?
All tax situations are different and not everyone gets a refund. Fees apply if you have us file an amended return. The IRS allows taxpayers to amend returns from the previous three tax years to claim additional refunds to which they are entitled. Applies to individual tax returns only.
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H&R Block Audit Representation constitutes tax advice only. Consult your attorney for legal advice. Does not provide for reimbursement of any taxes, penalties or interest imposed by taxing authorities. Next, allocate all amounts of income, adjustments, etc. to the injured spouse.
- At least one exemption must be left to the spouse with the debt.
- The following factors can impact whether any joint over-payment will be applied or used to offset the obligation of a spouse.
- Yes, if you e-file your return, Form 8379 will be transmitted along with it.
- Gift card will be mailed approximately two weeks after referred client has had his or her taxes prepared in an H&R Block or Block Advisors office and paid for that tax preparation.
Learn more about each one — and how to avoid tax liens and levies by working with the IRS. Read each question that comes up on the screen carefully.
Please answer the questions at the top of the Injured Spouse Form. Once you complete the form and click Continue to save; if you do not qualify, the program will display a message stating you do not qualify as an Injured Spouse. Timing is based on an e-filed return with direct deposit to your Card Account. Vanilla Reload is provided by ITC Financial Licenses, Inc. ITC Financial Licenses, Inc. is licensed as a Money Transmitter by the New York State Department of Financial Services. These provisions limiting your liability do not apply to debit transactions not processed by MasterCard or to unregistered cards. Availability of Refund Transfer funds varies by state.
See the instructions for your income tax return. If you live in a community property state, follow the instructions below to allocate your income, expenses, and credits. The IRS will apply your state’s community property laws based on your allocation if you checked the “Yes” box on line 5b.
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You have a same-sex spouse whom you legally married in a jurisdiction that recognizes same-sex marriages. See the chart below to determine where to file your Form 8379. For the latest information about developments related to Form 8379 and its instructions, such as legislation enacted after they were published, go to IRS.gov/Form8379. The first jump takes me to Innocent and Injured Spouse Relief and wants me to put in the years, even if I leave that blank it still takes me to 8857.
There is NO link to 8379 within that form, and only suggests it without a link to the form. In the search box, search forinjured spouseand then click the “Jump to” link in the search results. Sign in and click the Take me to my return button.
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Allocate other deductions as you determine. In columns and , allocate each adjustment to the spouse who would have claimed it if a separate return had been filed. For example, allocate the IRA deduction to the spouse who owns the IRA and allocate the student loan interest deduction to the spouse who is legally obligated to make the interest payments. If there are any adjustments that don’t belong exclusively to one spouse, allocate them as you determine. , submit Form 8822, Change of Address, with Form 8379.
