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Printable Form Instructions 8379 Gilbert Arizona: What You Should Know
Form 8379 can be filed electronically. To file electronically, go to efile.com. My husband (who is unemployed) owes tax for the last three years—my husband will be paying my taxes, too. It is a joint account, so I don't want to share the taxes paid on his account with him. Is there a way to get my share of my husband's last three tax years' taxes refunded back to me? If you have joint tax liability with your married husband, this is a good time to file your Form 8379. Your shared tax liability does not have to be with your spouse. It may have been with you if you jointly filed a joint tax return, but didn't claim the deduction for your share of a nonrefundable tax credit for dependent children. To claim the tax credit, you generally have to file a separate Form 1040 for the dependent children, but the credit could be claimed on the joint return without them filing separately. The joint return must then be accepted for filing by your spouse. Generally, the spouse claiming the credit can't file a separate claim for the credit on his or her own, since the tax credit is not a separate tax deduction. However, this rule does not apply to the nonrefundable part of a student loan. See Tax Breaks, Deductibles and Credit Total, at. Do I Need a Claim Form to Claim Tax Refund? A claim Form is not required by law to be filed. If you file a joint return which is accepted for filing by your spouse, you must file a separate Form 1040 for your dependent children. How do you apply the injured spouse allocation to the joint refund? You determine the amount allocated to you by calculating the unpaid amount owed from the joint return as of the date of the joint return and then applying the value to the joint refund on Form 8379 to determine your share of the refund. Can another injured spouse claim to be entitled to a portion of the refund? Yes. If you are eligible, you can file Form 8379 for any part of the refund on an alternate schedule. Include only the amounts that apply to your position, and not the portion in which you are entitled. This schedule should reduce the amount paid to any affected spouse.
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