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Form Instructions 8379 for Murrieta California: What You Should Know

If there is a refund for the spouse not listed as the injured spouse, it must be claimed along with the allocation for that partner (see Injured Spouse's Refund Allocation). What happens if my spouse had an overpayment of child and/or health, life, or spousal (or similar) tax due? The wages can be claimed as compensation for these tax liabilities if neither spouse was subject to those taxes. Injured spouse's refund allocation is determined by the amount of the overpayment, and only one spouse's allocation is due. What happens if a spouse's taxes were overpaid because my taxpayer status did not match? This must be reported by filing either an IRS Form 4868 (refer to instructions for that form for more information on this) or a Form 4868-EZ (to pay your overpayment) to the IRS. How does my spouse's tax debt affect my benefit package? This cannot occur, regardless of which partner has the overpayment. If your spouses' joint taxes were overpaid because of you, only your spouse will receive the tax refund. Injured Spouse's Refund Allocation. If your spouse's tax debt was overpaid, you can claim the refund as much as half of the overpayment. The total amount the IRS is offering is your share plus a prorated share. If your spouse has to pay tax on the debt, then your share of the refund is deducted from your benefit, if any. If neither spouse was paying tax on the overpayment, then you have a separate share of the refund, and do not have to pay tax on the prorated total. If your spouse has to pay tax before either spouse can claim his or her share of the refund, then his share of the refund is deducted from your benefit, if any. However, if you have an excess tax liability that you cannot claim as a refund or do not wish to claim the tax as a refund, then you can get tax deferred (the amount you owe is “deferred”) until either spouse can claim the balance.  Form 8379 | Tax Return Form: 8379 — Injured Spouse Form: 8379 — Injured Spouse Instructions: Print, Complete and Send to IRS, Attention: Injury/Injury Claim, PO Box 70904, Washington, DC 20011.

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