Form Instructions 8379 Chula Vista California 2024-2025

Form Instructions 8379 Chula Vista California: What You Should Know

To get full benefit of the Injured Spouse Allocation, you will complete the Injured Spouse Form 8379 before filing your tax return. You will fill exactly for each taxpayer. If the deceased spouse was a joint-filer, the deceased spouse's allocation cannot be obtained until the estate is closed. The allocation is available until the date to which the first spouse died or the last spouse died. There is a 1,000 tax credit after the return is filed, provided that the total benefit is not less than the first spouse's share. (The tax credit does not cover taxes payable on the allocation). For other forms (e.g. 1040A, 1040EZ, 8379), the deadline to allocate is the date the return is filed. If you are married and living apart, you can continue to allocate. For more information, see: how to distribute joint tax refunds based on an injury or illness.   If I file a joint tax return, must I complete this injury allocation form? Generally, you must complete the Injured Spouse Allocation form if you have any question as to which spouse gets which portion of the tax refund. (Form 8859 requires the allocation form for each member of your family). Do I have to file this form if I just received a joint refund? Yes, if you received a joint refund, you must file Form 8379. However, if you received separate refunds based on the same injured spouse or if the spouses are in different states and the two people claim one tax refund, the injured spouse cannot get any share of the money. If the claim is based on death, only the spouse who died gets any share. Does my allocation have any interest? No. The allocation amount does not qualify as a taxable interest for Social Security, Medicare, or federal unemployment tax purposes. How can I get the allocation if my spouse died? If you are married and living apart, you can continue to allocate. For more information, see: how to distribute joint tax refunds based on an injury or illness. Do I have to file the allocation if I just received a joint refund? Yes. If you received separate refunds based on the same injured spouse or if the spouses are in different states and the two people claim one tax refund, the injured spouse cannot get any share of the money. If the claim is based on death, only the spouse who died gets any share.

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