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Form Instructions 8379 Thousand Oaks California: What You Should Know

Additional Information About Form 8379 | Internal Revenue Service Additional Information About Form 8379 Form 8379 Description and Explanation A Form 8379 is for an injured victim that has already filed a claim for the refund. The injured spouse will be able to use this form in lieu of filing a claim in court. The injured spouse uses Form 8379 to get back their share of the refund when the overpayment is applied to a past-due claim. The injured spouse is called the “injured spouse” on such a return. Form 8379 is used when an individual has filed a claim for the refund, but has not received the refund yet. In the last two years the refund has been paid to the taxpayer and the taxpayer has not requested payment for the refund yet. However, he must follow the instructions or the over payment becomes the taxpayer's liability. The amount of the overpayment is reported on Form 8379 as a separate credit. The amount of the overpayment may be reported on both Form 8379 and Form 1040, Schedule D. However, the Form 8379 credit for the refund should be filed only on Form 8379. Form 8379 uses the same procedures as Form 8479, Unclaimed Property. Both forms are used in order to recover the overpayment from the taxpayer who is no longer a legal taxpayer. The taxpayer is called the “overpayment claimant.” The injured spouse may choose to file Form 8379 in person or by mail, but it is recommended the injured spouse file the form using the online service. The injured spouse does not need to file a Form 8379 for a refund overpayment. The injured spouse may file this form in order to recover the overpayment from the taxpayer who filed the past-due claim before the taxpayer filed his or her 1040 and Schedule D. The Form 8379 can also be used in certain instances to recover the overpayment from a non-citizen who is an unauthorized alien. The Form 8379 should be filed in addition to Form 8479, Unclaimed Property, when seeking to recover the overpayment from the alien. An individual other than a non-citizen is not an eligible individual to receive the refund under this section. The alien is considered to have the same rights to claim an overpayment as a lawful permanent resident. The form may also be used if two or more taxpayers claim the same portion of the refund. Form 8379 contains many of the same information as Form 8479, Unclaimed Property.

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