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Houston Texas Form Instructions 8379: What You Should Know
It turns out that, in most cases, you are not entitled to your share of the overpayment. This is why a couple of important provisions about the injured spouse tax return need to be clarified. A Form 8379 does NOT pay for your spousal share, and it is not enough that the injured spouse receives the overpayment. The injured spouse needs to have a portion of the overpayment that is attributable to the other spouse. Separately filed returns don't create a relationship. They do not create a spouse, and they are not eligible for credits.  A Form 8379, which is filed by both the injured spouse and the other spouse, is called an “Injured Spouse Allocation.” These allocations are a form of income tax refund, which is due on the last day of the tax year. “Injured Spouse Allocation (IAS)” may be filed as a separate form, but it is a form of income tax refund, which is due on the last day of the tax year. See also: Forms 1041-MISC and 990-MISC. Texas law determines all allocations through a formula that is based upon your tax return filing status. Your share of the allocation will be the difference between your spouse's share and the overpayment. In some cases, the allocation can be less than what you claim (e.g., 10, 0000, 20,000 or 25,000 overpayment). If you are an enrolled student, you can claim an IAS. Form 5332 — Injured Spouse Claim and Injured Spouse Allocation Form 5332 is a claim form that you need to file when the IRS tells you to file Form 8379 as a result of your spouse's tax liability. If the IRS asks to see your other income (such as a retirement or IRA account), you should mail Form 8379 to the IRS along with a return showing how much of the overpayment was attributable to your spouse. If you are an enrolled college student, you can file Form 5331. This claim is also based upon a Form 8379. It is called an “Injured Spouse Allocation. The allocation is a form of tax refund, and it is a form of income tax credit, too. When you file Form 8379, you can choose between filing an “I AS” claim or filing Form 5332. The IAS is like an injured spouse allocation.
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