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How do you file your tax return if your spouse owes restitution but it is not suppose to affect you or the kids?

There is something called "Innocent Spouse Relief", which you file on Form 8857. This is a way to request relief from joint liability for tax, interest , penalties on a joint return for items that were incorrectly reported on the joint return. ALSO, there is something called an "Injured Spouse" claim, which you file on Form 8379. Form 8379 is a way to request the division of a tax overpayment according to the proper share of each spouse's contribution.


Can you file e-file form 8379--once the IRS has processed your refund thru e-file?

No, you have to mail your form 8379.You should mail form 8379 to the IRS address you would've used if you had filed your return through the mail. Where you mail it depends on what type of form you filed and what state you live in. Just go to the IRS website and type in "where to file and then the form you used" in the search box. This should pull up a page that tells you the addresses are listed by the type of form and lets you choose either the number or letter your form starts with. I filed a 1040 so I chose 1. Keep going through the options, clicking on what you filed and you should be able to find the mailing address that way.


How do you Paper File your PA State Tax Return?

There is a form that you are required to file when you paper file your PA state tax return.


Where do I e-file tax Form 8379?

Form 8379 is Injured Spouse Allocation. Go to the IRS home page, www.irs.gov. Select e-file or freefile from the right column. They each have a list of all the forms that they provide. Their current tax year forms generally are available by January 1st.


How do you file as an injured spouse on taxes?

Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan.

Related Questions

How do you file your tax return if your spouse owes restitution but it is not suppose to affect you or the kids?

There is something called "Innocent Spouse Relief", which you file on Form 8857. This is a way to request relief from joint liability for tax, interest , penalties on a joint return for items that were incorrectly reported on the joint return. ALSO, there is something called an "Injured Spouse" claim, which you file on Form 8379. Form 8379 is a way to request the division of a tax overpayment according to the proper share of each spouse's contribution.


Can you file e-file form 8379--once the IRS has processed your refund thru e-file?

No, you have to mail your form 8379.You should mail form 8379 to the IRS address you would've used if you had filed your return through the mail. Where you mail it depends on what type of form you filed and what state you live in. Just go to the IRS website and type in "where to file and then the form you used" in the search box. This should pull up a page that tells you the addresses are listed by the type of form and lets you choose either the number or letter your form starts with. I filed a 1040 so I chose 1. Keep going through the options, clicking on what you filed and you should be able to find the mailing address that way.


How do you Paper File your PA State Tax Return?

There is a form that you are required to file when you paper file your PA state tax return.


Where do you file IRS tax form 8379 if you live in Cincinnati Ohio?

If you live in Cincinnati, Ohio, you should file IRS Form 8379, the Injured Spouse Allocation, with your tax return. If you're mailing your return, send it to the appropriate address based on your filing status. For most filers in Ohio, this would typically be the IRS address for your particular form, which is often the Cincinnati Processing Center. Always check the latest IRS guidelines or instructions on the form for the most accurate mailing address.


What form do you file when filing for the state income tax return?

When you are filing for the state income tax return, you will fill form 1040.


Where do I e-file tax Form 8379?

Form 8379 is Injured Spouse Allocation. Go to the IRS home page, www.irs.gov. Select e-file or freefile from the right column. They each have a list of all the forms that they provide. Their current tax year forms generally are available by January 1st.


How many previous years can you file a injured spouse form 8379 for?

Usually you need to file form 8379 as soon as you learn about any problems with your refund, for most people is the year the file for the first time jointly. If you are trying to recover from a few years back because you didn't know about the injure spouse form, it is a gamble. You can just file it a wait to see what the IRS will respond, in the worst case scenario they will denied it.


How do you file as an injured spouse on taxes?

Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan.


Do I have to file a state tax return if I collected unemployment from that state but didn't live there at all?

How can you file and receive unemployment from a state that is not where you reside? The answer is going to depend on what state is listed on your W-2 form in the state section at the bottom. This will tell where the income is deemed to be earned. You will need to file a return for every state where you have reported income. In the case of the state you are asking about you will need to file a non-resident return.


What should you file after bank seized your join Fedincome tax refund?

If you believe that the seizure was due to your spouse's debt only and should not be taken from your portion of the tax refund you can file an "Injured Spouse Form" which is form number 8379. The IRS will determine how much of the refund was yours based on your incomes and then return the portion due to you.


Will tax refunds be taken if married and one partner owes back child support?

If you file jointly you would need to file an injured spouse form (form 8379) to avoid that your share of the refund will be taken.


How do I fill out an injured spouse form?

Form 8379