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.

Form 8379

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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

Form 8379 Instructions - Instructions for Form 8379, Injured Spouse Allocation

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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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Tax forms

Form 8379 is one of Tax forms that are documents used to report information about an individual's or business's income, deductions, and tax liability to the relevant tax authority. These forms are necessary to comply with tax laws and fulfill tax obligations. Tax forms vary depending on the country and the specific tax requirements in place. Here are some common types of tax forms:

Individual Tax Forms: These forms are used by individual taxpayers to report their personal income and claim deductions, credits, and exemptions. Examples include the 1040 form in the United States or the Self-Assessment Tax Return form in the United Kingdom.

Business Tax Forms: Business tax forms are used by companies, partnerships, or self-employed individuals to report their business income, expenses, and other tax-related information. Examples include the Schedule C form (Profit or Loss from Business) in the United States or the CT600 form (Company Tax Return) in the United Kingdom.

Payroll Tax Forms: These forms are used by employers to report the wages, salaries, and taxes withheld from their employees' paychecks. Examples include the W-2 form in the United States or the P60 form in the United Kingdom.

Sales Tax Forms: Sales tax forms are used by businesses to report and remit sales tax collected on taxable goods or services. The specific sales tax forms vary by jurisdiction.

Value Added Tax (VAT) Forms: VAT forms are used in countries that impose a value-added tax to report and remit VAT collected on sales and claim VAT credits for purchases. Examples include the VAT return forms used in many countries.

Estimated Tax Forms: Estimated tax forms are used to report and pay estimated taxes on income that is not subject to withholding, such as self-employment income or investment income.

These are just a few examples of the numerous tax forms that may exist. The specific forms required depend on the tax laws and regulations in your country or jurisdiction. It is important to consult the tax authority's guidelines or seek professional advice to determine which forms are applicable to your situation.

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