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Form Instructions 8379 online Las Cruces New Mexico: What You Should Know

Form 8379 is required to claim a tax refund for an overpayment. If the overpayment was on a loan, the injured spouse claims the tax refund for the loan interest paid. If the overpayment was on real estate, the injured spouse claims the tax refund for the tax on the sale of the real estate. Injured Spouse Allocation — IRS (11/18) IRS (11/21) If you believe that you are entitled to a refund under the provisions of section 6211 of the Internal Revenue Code, you can request a Form 8379 form.  A joint return is the basic filing date for the income tax return. If you are married and filing separately, you are entitled to form 8379 if the entire joint return amount is included in a single refund. If the combined refund amount is 1,000 or less, you should file your separate return.  If you are married and filing separately, you can file form 8379 if the amounts withheld from your wages were over a certain amount, you filed a joint return with your spouse and the other spouse has not filed a return for you for the last 20 years, and you also have a non-excludable household income less than the non-excludable amount shown on the schedule 1, table of tax withholding. Your spouse pays you the whole, or you share the portion over which the tax applies. (Note: The amount withheld from your wages is generally taxable as wages if you have earned it, subject to a credit for the tax withheld.) If you receive the entire tax refund you cannot get from your spouse, your spouse is obligated to pay you the amount from your own refund. So, your spouse can still receive your 1,000 if you have a 1,001 or less non-excludable household income.  The chart lists non-excludable amounts. It also lists the household size used to determine if you have the lower income group. For income from self-employment, the non-excludable amount is the least of the wages you received or the amount you expended to earn the income.  For a spouse living apart, the amount withheld has to be the lowest of your non-excludable amount which is less than the lower amount (e.g., 1000 less in wages), or the lowest amount (e.g., 2,001).

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