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Form Instructions 8379 Corpus Christi Texas: What You Should Know
The injured spouse does not need to complete Form 8369 as long as the spouse who is liable for the state debt file Form 8379 using the offset program.  The injured spouse must notify the other spouse that he or she will need to use the offset program and send them Form 8379, Injured Spouse Allocation, as soon as possible. The injured spouse may be entitled to file a tax return and claim the tax credit if the non-self-employed spouse has no more than zero income tax liability. The victim spouse can deduct the costs of the spousal share of the state debt.  However, the victim spouse cannot deduct the state debt from his or her own income. The spouse is not allowed to deduct the amount of the debt on his or her federal income tax return. The spouse would be subject to a penalty equal to the amount of the state debt that exceeds the amount of the deduction. The injured spouse can use Form 8369 to claim the additional state tax deductions. However, no deductions can be claimed on Form 8369 if the spousal share of the state debt exceeds zero. The spouse receiving a state refund has the choice to file a joint state tax return and use the injured spouse allocation. The spouse who did not file a joint return will have to file and claim the injured spouse allocation of the state payment or do nothing.
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