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Wichita Kansas Form Instructions 8379: What You Should Know
Injured spouse on a joint tax return can file Form 8379 if they are expecting a refund at some time in the future. If your spouse needs Form 8379 before a refund is made to an account that contains a joint bank account, you can file Form 8379 before the refund is made. Form 8379 What is Injured Spouse Allocator: TRAX is a program designed by the Internal Revenue Service to provide relief from a joint tax liability to an injured spouse or to a dependent or child. The injured spouse is someone to which you are now legally separated with or without the consent of the other spouse. TAX is available to injured spouses filing on or after January 1, 2017, and is available to all joint returns. You may be able to claim your share of the marital income of the injured spouse using the injured spouse as an eligible dependent. It does not apply to nonmarried surviving spouses. Injured Spouses with a joint claim If you and your spouse filed as individual taxpayers on Form 1040, 1040A, 1040J, or 1040NR, you can choose to be injured on your joint return. If the injured spouse filed as a head of household, the claim is limited to the joint income of the couple, whether you are married to your spouse. If both you and your spouse file separately, you can choose to be injured on the only available joint return. Both joint returns may include this form if either spouse claims an increase in the joint income for which the other did not receive the income increase. An injured spouse can claim a joint tax increase for which the injured spouse did not receive the income increase. The injured spouse also has the opportunity to claim a joint tax decrease that the injured spouse did not receive in any joint return. The injured spouse is treated as an active individual for purposes of both the earned-income credit and the additional child tax credit. The injured spouse is also treated as an active individual for purposes of section 1202 and may use the section 1202 credit when filing his or her return for the base year. If you are injured and do not receive your refund in the form of a tax credit, you can claim an amount on line 18a of Form 8379 for the overpayment in cash for which you are otherwise not entitled to claim a tax refund.
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