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Form Instructions 8379 Minnesota: What You Should Know
Write the tax return number and the following notice here and give it to the IRS at the above number. You are entitled to your share of the refund if the spouse with the joint federal return is in arrears by more than 200 (for 2017). The amount to be refunded is equal to 0.00 over the amount in arrears. Please have the return number for your federal tax return and the Form 8379 with this notice at the tax return center. If you don't give your tax return number and Form 8379 with the notice to the IRS, you are not entitled to your own refund. You can fill out Form 8379 by going to IRS.gov on a computer and selecting Find Filing. Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment is used to offset interest, penalties, or taxes. The spouse filing this return is entitled to the refund of tax paid to the United States and states. If he or she does not show a federal tax liability, the spouse must show how it came about, and the filing must match what the other spouse filed. When one spouse files Form 8379, he or she is not entitled to claim a refund of taxes he or she paid to another state, county, municipality, private group, or school district (including charter schools), or church that is exempt from paying taxes. The federal government will not refund taxes paid on a return of interest, penalty, or tax not paid. In this case, the federal return does not establish the fact of interest, penalty, or other liability. It does not establish if tax was paid or a bill was paid and the government will not refund it. Form 8379 should not be filed with a tax return if you were under the age of 18 when the tax period for claiming the tax credit expired. What If my Partner Won't Sue Me? If you are an injured spouse but will not sue your partner, please file Form 8379 with another form of evidence, such as an account statement or a receipt from a hospital, doctor, or pharmacy, stating that you will not sue your partner and stating when you told the insurance company you would not pursue an action in court. Include in your statement that you were the injured spouse of your partner, and that the injured spouse's tax return was filed with a Form 8379 on the same account as his or her own tax return.
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