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Bellevue Washington online Form Instructions 8379: What You Should Know
Click on the following to download form 8379: 1. Click on the “File” button on the form 8379. 2. Click on the “Apply for” tab. Make sure your selected type of filing is correct, then click on the appropriate page. Download your personal information and address details in a different file format! If the Injured Spouse Form 8379 is not completed within the 2-year window, you may file a petition for adjustment of repayment and claim a refund of the overpayment. This is discussed under the Claims section of this article: Claim of Injured Spouse or Survivor Form 8379 is a joint tax return and both spouses must file the form when filing a joint return. If a spouse pays the tax and does not have a joint tax return, he/she may use Form 8379 for his/her separate income tax return as well. How Are the Injured Spouse Credits and Expenses Calculated? Each spouse is entitled to claim an injured spouse credit based on 50 percent of his/her overpayment. It is equal to 50 percent of the total income of the joint return. This means that if the injured spouse earns 90,000 and the total marital income for married couple is 105,000, the injured spouse's 50% creditable overpayment is 55,000. If this spouse is entitled to only 30,000, he/she will get a credit of only 15,000.  However, if the spouse earns 100,000, the credit will be the full 85,000 (50% x 85,000). The other spouse will get a 50% credit only of 20,500 if all income of the joint return is over 85,000. If the total income of the marital return is 50,000 and the injured spouse's income is 30,000, the spouse can claim credit of only 15,500.  However, if the injured spouse earns 85,000 and the return is only 45,000, he would normally receive a 30,500 credit.  However, if the injured spouse's income is 125,000, he/she would normally receive a credit of only 15,500. A person is considered to be an “injured spouse” if he/she is legally separated from his/her dependent for at least two years.
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