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Form Instructions 8379 Hialeah Florida: What You Should Know

Injured Spouse Tax Refund Allocation (10/2016) Injured Spouse tax refund allocation request forms are to be filled out by the injured spouse (husband or wife) within 30 days of the return filing deadline. The request must include the following information: The name of the injured spouse The name of the injured spouse's spouse The name of each spouse filing with the employer. For an example of a joint return, see “Form 1040 (Form 1040X) Joint Return, 2017.” Example: Employee X was the injured spouse. He was injured on December 23, 2016, when a van he was driving crashed into the back of EX E1L2SJ at 12:45 a.m. He and the driver of the E2C5X were hired as a temp crew on the same night. They got married August 24, 2016, during their third week of employment. When the injured spouse filed a Form 8379 request form at IRS.gov, the injured spouse must attach a copy of both the Form 8379 and the Form 1040X in the mail. If the form is mailed, attach a copy of the form, Form 3800-A (For the employer's employees) or Form 8379W (For injured spouse of E1L2SJ or E2C5X employees) as proof of filing date. The amount in the joint return is: Wages: Employee X wages minus E1L2SJ wages. Injured Spouses Tax Refund Allocation (8/13/2017) The allocation of a W-2 or 1099 with taxes paid on the overpayment does not apply if both spouses are covered under an employer plan. This means that the employer must have a written policy or contract with one spouse and that both spouses are members of that same plan. If two or more spouses in the household are covered by an employer plan and an injured spouse who is not eligible to participate under that plan files a Form 8379 request, the amount of the benefit is determined by dividing 100% by the number of family members in the household Note: E1L2SJ and E2C5X were injured on October 1, 2017, and are covered for 10 years.

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