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Form 8379

  1. Country USA
  2. Language English
  3. Activity Taxes
  4. Department Internal Revenue Service
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Form 8379

Injured Spouse Allocation

Rev. November 2023

Form 8379 instructions for injured spouses. Part I determines if taxpayer is eligible to file. If yes, complete Part II with joint return details. Part III allocates income, adjustments, deductions, taxes, and payments between spouses. Part IV is for signature if filing alone.

Instructions

FAQ
  • What types of income and taxes can be allocated?

    Form 8379 can allocate various types of income, including wages, tips, interest, dividends, capital gains, and self-employment income. It can also allocate federal income tax withheld, estimated tax payments, and other taxes such as the Net Investment Income Tax (NIIT) and Additional Medicare Tax.

  • How to file Form 8379?

    Form 8379 can be filed separately or attached to a joint return. If filed separately, it should not include a copy of the joint return, but rather attach copies of all relevant forms W-2, W-2G, and 1099 for both spouses. The allocation of income and taxes must be agreed upon by both spouses or allocated according to IRS formulas.

  • What are common mistakes to avoid when filing Form 8379?

    Common mistakes include not including a copy of the joint return if filing Form 8379 separately, failing to agree on income and tax allocations, and not ensuring that the debt subject to offset is a legally enforceable federal or state tax, child support, or other nontax debt.

  • What is Form 8379 used for?

    Form 8379, Injured Spouse Allocation, is used by married taxpayers to request that the IRS allocate refunds or overpayments of tax due to each spouse based on their income and withholding.

  • Is Form 8379 confidential?

    Yes, tax returns and return information are generally confidential as required by section 6103 of the Internal Revenue Code. However, Form 8379 and its related information may be shared with the other spouse to ensure accurate allocations.

  • What happens if Form 8379 is not filed?

    If Form 8379 is not filed, the IRS will apply any refund or overpayment of tax due to the joint account and allocate it based on the income and withholding of both spouses. This may result in one spouse receiving less than their fair share or even an unexpected balance due.

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ABOUT

Internal Revenue Service (IRS) Forms

Form 8379 is one of the official tax forms used in the United States to report income, claim deductions and credits, calculate tax liability, and fulfill other tax-related obligations. The IRS is the federal agency responsible for administering and enforcing the internal revenue laws in the United States.

Here are some examples of Internal Revenue Service forms:

Form 1040: This is the primary individual income tax return form used by most taxpayers. It is used to report various types of income, claim deductions and credits, calculate tax liability, and determine whether a taxpayer owes additional tax or is entitled to a refund.

Form 1099: There are different variations of Form 1099, such as 1099-MISC, 1099-INT, 1099-DIV, etc. These forms are used to report income received by individuals or businesses from various sources other than employment, such as self-employment income, interest income, dividend income, and rental income.

Form W-2: This form is used by employers to report wages paid to employees and the taxes withheld from their pay. Employees use the information on Form W-2 to complete their individual tax returns.

Form 941: Employers use this form to report employment taxes, including federal income tax withheld, Social Security tax, and Medicare tax, for their employees.

Form 1065: This form is used by partnerships to report their income, deductions, and tax liability. Partnerships themselves do not pay income tax; instead, the partners report their share of partnership income on their individual tax returns.

Form 1120: This is the corporate income tax return form used by C corporations to report their income, deductions, and tax liability.

Form 990: This form is used by tax-exempt organizations, such as nonprofits and charities, to report their financial information, activities, and compliance with tax laws.

Form 8862: This form is used by taxpayers who previously claimed the Earned Income Tax Credit (EITC) but had it disallowed, and now want to claim it again.

These are just a few examples of the numerous IRS forms that exist to fulfill various tax-related obligations. The specific forms required for an individual or business depend on their unique circumstances, income sources, and deductions. It's advisable to consult the official website of the Internal Revenue Service (www.irs.gov) or seek professional tax advice to obtain accurate and up-to-date information regarding the specific IRS forms relevant to your tax situation.

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