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Concord California Form Instructions 8379: What You Should Know

Where can I find the Form 8379 instructions for my state? The instructions for your state are on the form where the Form 8379 is filed. How do I determine the date I filed the Form 8379? The date you file Form 8379, but do not withdraw the adjustment, is the date on which you must pay the balance of your overpayment in order to stay on the correct schedule. If I filed Form 8379, do I have to file a Form 8379(R) to cancel the overpayment? Yes, the form can be filed online with Form 1116. You will need to make a deposit of 2 (for nonresidents), or make an additional 2.50 (for residents). You then file the Form 1116 and the cancellation statement with us. (It is the filing the 1116 form the person with a Form 8379 can do). A Form 8379 cancellation statement can also be obtained by a creditor from the court (usually a Form 8839), who will give it to the claimant. If I file a joint return, do I have to report the difference on my federal income tax return? You must file a Schedule A if you do not have a Form 8379 in place. To obtain a copy of a Form 8379(R), see the Form 8839 form on the Internet (and then print it with a copy for yourself to keep). If I filed Form 8379 with a Form 1040X, do I have to file an amended tax return? Your answer must be yes. You should file a Form 1040X. In the future, if you have been reimbursed the overpayment by someone else, you should get to see a copy of a Form 8379. Also, if you filed a Form 1040X when the spouse filed a Form 8379, the other spouse should file a Form 8379 of their own when he or she can confirm the overpayment is cleared. How do I pay back my overpayment? When you make your initial claim, use Form 8379 for the tax year you filed your return without taking deductions and reported the wrong return. However, if (and only if) you file a Form 8379 or the balance of your adjusted tax is zero (that is, you paid no tax at all) then you should report the excess amount on income taxes due.

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