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Form Instructions 8379 Vista California: What You Should Know
If the spouse receives a letter from the court, it is helpful to mail the following: A copy of the court order or other court document confirming the court's ruling or order (if you can) A certified copy of the form 8379 May 19, 2025 — The injured spouse completes the Injured Spouse Forgiveness Form (8379). What is INJURED SPOUSE FORGIVENESS FORM (8379)? The Injured Spouse Forgiveness Form (8379) is a request for “an order removing an overpayment from the joint return and transferring it to the individual spouse.” In essence, the injured spouse is demanding that both spouses pay their share to the IRS. A court must make this determination (called a “partial release”) as a final step. Only a partial release allows the spouse to go to a Tax Court (for the entire release). If your spouse has ever submitted a Form 8379 to you or the IRS with a release, you will know what the order is if the IRS has ever sent the order to you. INJURED SPOUSE FORGIVENESS FORM (8379) AVERAGE REQUIREMENTS (From the Injured Spouse Forgiveness Form) 10,000 for Wages from the past 6 months The Injured Spouse Forgiveness must have paid tax on the amount of income over the amount of the overpayment (if any). The IRS does not report the income information for spouses who do not have tax owed. 5,500 for Income over Current Year's Wages The Overpayment must have been in error. If someone else paid the Overpayment, then the injured spouse cannot complain that the IRS stole their money. The injured spouse can go to a Tax Court to get the Overpayment removed and the correct amount of taxes reported for them both. 10,000 for Wages from the past 12 months — This amount is the spouse's share for taxes not paid on their behalf. The Injured Spouse Forgiveness must have paid tax on income over the amount of the overpayment (if any). The IRS does not report the income information for spouses who do not have tax owed.
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