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Fairfax Virginia Form Instructions 8379: What You Should Know
The injured spouse/registered domestic partner must meet all three conditions, listed below. The IRS will be required to verify the information on the Form 8379. The injured spouse must complete and e-file the form. How to file Form 8379 (11/2021) This guide is for Form 8379 (i.e. injured spouse) allocating the refund. You must follow these guidelines: 1. The form is to be filed with the IRS if the taxpayer has any taxes due. You must file Form 8379 if the spouse/partner owes any taxes. To qualify for treatment as an injured spouse, the injured spouse must have a relationship of some kind with the taxpayer. The family, friends, co-workers, etc. are not injured spouses. You may file the form with the other spouse/partner for some reason, however. The filing should be made with both spouses/partners. 2. The injured spouse has to be the recipient, not entitled to anything. You do not have to be married or have any children to qualify as an injured spouse. 3. The injured spouse will only get back his/her share of the refund once the other spouse/partner has paid taxes and any other liabilities. If both spouses/partners file a combined return, the injured spouse only gets his/her share of the refund once a refund is sent to him/her. (If one spouse/partner paid the full amount, the injured spouse gets back half and the unaccounted for amount is sent to the other spouse/partner). 4. The Form 8379(i) must be filed electronically. (A paper copy is not required). If a paper Form 8379 is sent, the IRS is unable to confirm the eligibility of the injured spouse because if the form is e-filed in paper form, the injured spouse will have no access to his/her e-file account. If the Form 8379 is e-filed, the damaged spouse/registered domestic partner does not have access to his/her e-file account and may experience issues with his/her refund. Paper Form 8379 can be e-filed by completing the paper form and filming by either a web server or an Evernote. 5. The Form 8379(i) must only be filed if the other spouse/partner has filed a federal income tax return on the same tax return year.
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