Injured spouse status Form 2023-2024

Injured spouse status Form: What You Should Know

Do I have to provide a letter and evidence of filing if the spouse seeking an allocation has income of 1,000,000 or more? If you're filing with an in-service relief (IRA) or tax-deferred annuity (early retirement) program, you don't need to  What if the deceased spouse was a non-U.S. citizen? Do I need to file Form 8383 as my husband or wife? No. The IRS requires the surviving spouse to notify IRS in writing before filing Form 8383. Can I file Form 8379 with a spouse in jail? Yes. A person claiming the injured spouse tax allocation can file with a spouse in jail, as long was the spouse in jail before the death. See IRS Publication 3, Tax Withholding and Estimated Tax for more information. Why do I have to file Form 8379 if the spouse seeking the allocation is not an IRS taxpayer? The surviving spouse needs to file the Form 8379 because the in-service relief benefit is based on the difference between the beneficiary's prior year gross income and the same beneficiary's adjusted gross income for current year. Why do I have to file Form 8379 even if the spouse seeking the allocation is an IRS taxpayer? As the sole beneficiary of the deceased spouse with an adjusted gross income of 1,000,000 or more, a surviving spouse (beneficiary) is entitled to a tax refund in an amount equal to one-half of the deceased spouse's benefit. Can we combine a Form 8379 with another form I have? Yes. If you want to consolidate more than one Form 8379 as a claim or claim all the allocated amount or the allocation to the other spouse, you can use all the forms. For details, see IRS Publication 544. Can I file as injured spouse if my spouse is deceased? Injured spouses are required to sign Form 8379. In addition, if you claim a deceased beneficiary, the spouse claiming it is required to sign Form 8379 as well. Do I have to name my spouse on each form? Yes, if necessary. The Form 8379 is filed as a joint return and may include a Form W-2 as an additional attachment to the joint return. If you need to change the name of the beneficiary or the form, you should notify both the beneficiary in the beneficiary list on the last page of each Form 8379 and the spouse seeking the allocation.

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