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Los Angeles California Form Instructions 8379: What You Should Know

S. Code § 2056a Injured spouse relief, or the injured spouse allocation, is a type of application for which you must file Form 8379 no later than 60 days after the due date of the return for which the relief (or allocation) is sought. The IRS, IRS Tax Counsel, or CRS (or their employees) 837 (11/18), 837I (11/18), 837(g) (11/18), 541 (11/18), 5535 (11/18), 6652(g) (11/18), 8531(h) (11/18), 8582(j) (11/18), 8585(d) (11/18), 8586(d) (11/18), 8587(d) (11/18), and 8590 (12/1). Filing Form 837(1), 837(2), 837(3), (4). Tax Returns With Multiple Spouses The Internal Revenue Service (IRS) will not send a notice to multiple spouses of an overpayment if the overpayment has not been applied to a tax year, and it is not required to file Form 8379 to request the application of an overpayment when you are aware you have an adjustment. The IRS will send a notice to you to help you determine the status of your return if you were not aware of an overpayment when it was paid, and you are not required to apply it by filing Form 8379. When you are notified that the correction is not required to be made, the IRS can send you a notice to correct this omission. For certain cases, you can request that the IRS send a Form 8379 to fix your overpayment. The notice may be sent if you are requesting payment of a tax for the current or preceding tax year, or have a current payment in hand. IRS Notice ¶¶ 3.4.1, 3.4.7. Filing With Multiple Partners A joint return or Form 1065 has been filed for two or more tax years, and the payment of taxes by one spouse has offset the payment of taxes by the other spouse. Injured spouse relief is a form of application for which you must file Form 837 (11/18) or 837A (11/18) (a onetime application only).

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