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Form Instructions 8379 Victorville California: What You Should Know
Injured Spouse Tax Refund Allocation for Tax year. Note, If one spouse has paid the tax and the other spouse has not yet filed a tax return when you file your joint tax return, you must file a joint tax return for the other spouse on this date. If you do not file a joint return, there is a 95 penalty for each spouse for each month after the filing date that they are late, and you are not in compliance with the allocation date. You cannot claim a refund unless both spouses have filed their tax returns. When should I file my joint tax return? If you have filed two tax returns for the same tax year or have two previous returns in which you either claimed or applied for your spouse's overpayment, filing with the next scheduled due date will allow you to claim the overpayment and get back any taxes withheld. For example, if you filed two tax returns for the first year of the partnership and claimed an overpayment, and your spouse filed two tax returns for the first year of the partnership for the same tax year, you are required to file Form 8839 for both years with the next date of payment. Your spouse will have already claimed his or her share of the overpayment on his/her tax return. If you did not file two tax returns or the first tax return was filed late, you will need to file Form 8361 (Partnership Information) to claim the overpayment, as the allocation requirements for income tax are different when the partnership returns are filed early or late. You can file a joint return and send a note on Form 8361 to report the overpayment, including the amount of the overpayment.
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