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Killeen Texas Form Instructions 8379: What You Should Know

As a general rule of thumb, a wage above 250,000 will be allocated proportionally. If this is not the case it will be done manually on the date of the election. If the W-2 did not report the wages, then the allocation is based on the following: If the spouse is a sole proprietor or member of a partnership the allocation will be divided proportionally for either the earnings or the losses of both spouses. If the spouses are not members of a partnership, the allocation will be based on the earnings or losses on the income side of the partnership. If the spouse filed a separate return instead of jointly filed, it will be treated as one return for both the spouse and the children. The allocation is split equally between the spouses for any nonqualifying income, including capital gains The allocation is based on a percentage of any gross income derived from the business to each spouse for all the year prior to the election and also all through the election year. I have a spouse injured in an accident on your Texas roads. Who gets the injured spouse allocation? No matter what injury you had, you, too, can elect to make the injured spouse share of the refund. What if my spouse is deceased, and I file for a refund? Would I get my share of the refund? No. You are responsible for making arrangements on behalf of the deceased spouse to receive the return based on the election. If I am injured in an accident did I elect to be a nonresident injured spouse? Yes, you can elect on your annual filing return to be a nonresident, and pay no tax except for certain federal income tax withheld. To do that, fill out a Form 8379. Form 8379 instructions: I live in Texas and my spouse is injured on my property. Can I ask the injured spouse allocator to distribute any amount we cannot claim in injury? Not for any amount you did not receive in injury. Am I allowed to make an election to be a nonresident of Texas to receive the injured spouse allocation? Yes, you can make this election by filing Texas Form 8379. If you decide to make the election, you cannot claim interest for the distribution as it was made under tax law. You can, however, claim the interest from prior months' income that was deducted because the election was made. If I make a mistake in my election, can I fix it? Sure.

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