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Printable Form Instructions 8379 Winston–Salem North Carolina: What You Should Know
Fill out the completed form and mail it. If you are using Form 8379Electronically, you will need to submit a PDF copy of the form and a copy of your Injured Spouse Allocation Claim as evidence of your claim for payment. See How Do I Use Form 8379 Electronically? , below. Do I Have to File a Form 8379 to claim my share of a tax refund that is seized to pay a past-due debt of my spouse? No, you do not need to file Form 8379 when you make an Injured Spouse Allocation claim. But, if they file their own Form8379, you will be able to recover from their tax refund the amount owed for the past owed balance in the event you cannot recover your share. Why Doesn't the Form 8369, Claim for Past Due Taxes, Work With a Form 8379? Because a Form 8369 is not used to recover an overpayment claimed by the injured spouse, it is also exempt from the requirement that your claim be for past-due funds. However, even if you are unable to recover all or part of a tax refund that is seized to pay a past-due debt of your spouse, you will have a claim for one or more past-due taxes against their tax refund. The most common way for spouses to recover a portion of their share of their tax refund is to use the form 4562, Claim for Past Due Taxes, to file a Form 8369, Claim for Past Due Tax Refunds. Example: Your spouse owed you some taxes, but after the 2025 stimulus, you got some of that money back. How do you go about claiming the recovered money? Here's the answer. If you are filing jointly and your spouse's past-due balance in 2025 is zero or less, you generally can claim the entire amount due that same year for which they owed you the refund. However, if they filed an Individual Tax return that year, and received a refund that is greater than 25,000, you must first file a joint tax return with your spouse and then claim the money you need. You must file Form 8369, Claim for Past Due Tax Refunds, before you file Form 4562 with the IRS, unless you are the injured spouse and your spouse was the taxpayer making the Form 4562 claim. See the instructions in the form 8369 instruction booklet to learn what happens when your Form 8369 fails.
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