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Form Instructions 8379 New York Bronx: What You Should Know
Form 8379 with the joint tax return amendment if you are filing Form 1040 or Form 1040A or Form 1040EZ. If you are filing Form 1040NR or another form that asks you to amend income tax withholding, follow the instructions for Form 1039. See IRM 21.5.5.1.3.8, Additional Amounts To Claim Against an Overpayment. 2 Include the total amount of the tax that your spouse owes as a result of the injury and the interest and penalties due on that overpayment. For an example, see Table 1-2, above. If you are filing this form from more than one place on your joint tax return, or if your spouse was injured when his or her income taxes were withheld—either from you (Form 8379) or from his or her employer (Form W-2)—use Form 8379 for the claim and follow the instructions for Form 1040. If your spouse is unable to pay the tax due, you may use Form 8379 to claim a tax refund for the period you received a refund under your partner's or employer's Form 1040. The tax that your spouse owes can include the following: Injured Spouse Allocation of the Partially Refunded Overpayment. Injured Spouse Allocation of the Partially Refunded Overpayment. Injured Spouse Allocation. This is the tax you must pay. Injured Spouse Tax Refund Allocation Request or Claim. File Form 8379 with your joint tax return amendment (Note: write or enter “Injured Spouse” in the top left corner of the first page of the joint return). Submit Form 8379 with the joint tax return amendment, if you are filing Form 1040 or Form 1040A or Form 1040EZ. If you are filing Form 1040NR or another form that asks you to amend income tax withholding, follow the instructions for Form 1039. See IRM 21.5.5.1.3.9, Additional Amounts To Claim Against an Overpayment. A claim of equal amount for both the joint tax return amendment and the Form 8379 is valid. If the claims are not equal, one may not be submitted. DC-8379 Injured Spouse Allocation. Part II DC-8379 Injured Spouse Allocation.
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