Form Instructions 8379 ND 2024-2025

Form Instructions 8379 ND: What You Should Know

The injured spouse is expected to file their Form 8379 on April 18 of their next tax year. A spouse's tax debt  is owed by: A spouse of a deceased person, when the account has an opening due date before April 18, 2021; if the account has an open due date on April 18, 2021, the account is due for payment and the deceased person's estate is obligated. The deceased person is not listed as a debtor in the account; or a married or unmarried individual filing a joint return if payments have been made to the individual, for their support. The individual is expected to pay at least the same as other married and single filers have been responsible for. The individual's interest is held by the estate (i.e., not by the individual), a bank, trust company, or similar institution. The individual is not named on the account. If the spouse's tax debt is due on or by your 2018, 2019, or 2025 Federal income tax return or your 2019- or 2025 Federal estate tax return or your 2021- or 2021-based Federal estate tax return, or the spouse's tax debt is due after October 1, 2017, but before April 18, 2019, and before October 15, 2021, the account must be paid by you or the individual for whom you are responsible. If the account becomes due after April 18, 2019, but before October 15, 2021, the account is due on or before that date and the deceased person's estate is obligated. The deceased person is not listed as a debtor in the account. The deceased person may not be listed (or his/her estate may not have listed) in the account on a joint tax return. Instead, the deceased person must have had a line-item deduction or allowed a credit in the account. See the Form 8379 instructions, FAQs — Account. If a deceased person's tax debt can not be claimed on the estate, an individual may make an Injured Spouse Tax Refund Allocation Request, which the IRS will review. If the IRS determines that a debt is owed by an injured spouse, it will determine the refund amount to be made through the account of the injured spouse. See the IRS website, “How do I file a claim for an injured spouse's refund?” , for more information.

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