McAllen Texas Form Instructions 8379 2024-2025

McAllen Texas Form Instructions 8379: What You Should Know

Frequently Asked Questions (FAQs) About The Form 8379 Q: Does an injured spouse have to file Form 8379 if no other spouse is required to file that Form? A: No, an injured spouse may choose not to file Form 8379 if the tax return would result in all or part of the joint tax overpayment or refund being applied to his or her portion of an overpayment or refund. However, if the injured spouse elects to file Form 8379, the injured spouse must file a request with the IRS that is not in error at the time of filing the Form 8379. The injured spouse who is required to file a request with the IRS has the right to obtain a “Certificate of Election” and is generally entitled to one Form 8379, while the injured spouse who is not required to file a request has the right to obtain both Forms 8379. Form 8379 is not required to be completed if an election is made to have the income used in calculating future tax. Q: How much of the overpayment or refund will get applied to my portion of the tax debt? A: For individuals filing jointly, the amount of income or loss that will be used will be calculated as if the overpayment was made to the injured spouse as it would be if the injured spouse's tax return owed no tax. The injured spouse has the right to require that the amount of income or loss not be used as tax, but does not have the right to request that only one debt be applied to one portion of the debt. An injured spouse's request to use less tax may also be made if the injured individual has a financial interest in that amount that is less than 500. Q: Can I ask to use less of the overpayment or refund for a medical condition that will not require treatment for at least three months? A: The injured spouse does not have the right to request any treatment or the right to ask to have less of the overpayment or refund applied to that particular medical condition. An injured spouse may also not request less of the overpayment or refund because of a medical condition that would not justify treatment for more than three months. Q: Can an injured spouse ask a court to take care of the overpayment owed to the injured spouse? A: In most instances, the injured spouse is not able to ask a court to take care of the overpayment owed.

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