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Elizabeth New Jersey Form Instructions 8379: What You Should Know

The federal law says one spouse (the injured spouse) will get any refund after the other spouse pays off one or more past-due Federal Form 8379 or related state Form 8379 or New Jersey State Form 8379 (including interest and penalties) owed to the Tax Department. The injured spouse is entitled to this payment for up to five years depending on the total amount the spouse or former spouse owes the Tax Department. The injured spouse is required to file and pay the tax claim on a “separate annual return” if the amount of the tax claim in the separate return can be less than 2 times the Tax Department's judgment against the injured spouse. The injured spouse can be a spouse who separated from you after the divorce for 1 year, or a person who was a cohabiting spouse for the duration of the marriage. In the case of an unmarried victim of domestic violence, the injured spouse may be the abuser. However, if the taxpayer is separated (meaning not an unmarried victim of domestic violence) and the taxpayer is still married to the victim, or was a cohabiting spouse and has a child with the victim, that individual may be entitled to the award under this section. Separate annual return: Form 8379-X. If you are filing a separate annual Return Form 8379-X, the filing spouse will file the separate annual return for tax paid on joint returns. The filing spouse can request a separate annual return for a person who did not file a joint return. Separate annual return: Form 8379. If you are filing a separate Return Form 8379, the filing spouse will file the separate annual return for tax paid on joint returns. The filing spouse can request a separate annual return for a person who did not file a joint return. Tax paid by different taxpayers. When filing your separate annual return, you will not be required to enter all your income on the Form 8379. Instead, you can use Form 8379 to allocate your shared tax refund, if any overpayment, among yourself and any other taxpayers. Any federal tax overpayment of all taxpayers for the filing year was previously reported either on Form 8379 or on the “separate annual return.” The IRS treats a separate annual return as a separate return. Once you receive the “separate annual return,” you will complete both forms on separate pages and mail the Forms 8379 to the tax office of the address shown on the form.

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