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Printable Form Instructions 8379 Santa Clara California: What You Should Know

You must complete an injured spouse return by the due date of the original return. The injured spouse should file on a regular Form 1040X if the injury is on this original return. You can make an adjusted return if you have a Form 959 or Form 945, but are not having an adjustment made. To file Form 8379, use Form 3501 or Form 3520, as appropriate. Injured Spouse Reevaluation. You can reduce your taxes only if you file the Injured Spouse Form 8379. The assessment of the tax must be based on the basis for each filing on the Injured Spouse Tax Return, adjusted for the amount of income that was removed on account of the injury on the original return, but not by more than 400,000. This amount can include a part of your adjusted gross income for the tax year that it is based on. For example, if you have a Form 1040X with an adjusted gross income of 140,000, and are not having an adjustment made for the injury on these Form 1040X's because the injury was on the same return (Form 1040X), but was offset using the Injured Spouse Reevaluation adjustment, your reduction in taxes is based on only 6,000 (140,000 – 200,000) in income. This amount includes your adjusted gross income for the tax year based on the loss, but not more than 400,000. To reduce your taxes for a reevaluation, you can fill out a Form 8379 to request a refund of the amount not withheld from your wages. Once a claim has been submitted through a form of the injury (e.g., Form 8379,) the refund will apply if the claim was approved on a regular Form 1040, Form 2555 or Form 2555-EZ. Also include the Form 5520. For more on how to complete an injured spouse return and make your claim, read the instructions on the injury claim: How to Claim an Injured Spouse Tax Refund Allocation Claim. The ā€œIā€ in Your Name. Injured Spouse Tax Request If the injured spouse claimed a credit or deduction for the tax reduction on their Injured Spouse Form 8379, then the credit or deduction should be attributed to the injured spouse who claimed the credit or deduction.

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