What is Form 8379?
The purpose of Form 8379 is to allocate the portion of the refund that belongs to the injured spouse, ensuring that they receive the money they are entitled to. By filing this form, the injured spouse can protect their share of the refund from being used to pay off the other spouse’s debts.
To qualify as an injured spouse, you must meet certain criteria. You must have made and reported tax payments, such as federal income tax withheld from your wages or estimated tax payments, and you must not be legally obligated to pay the past-due debts of your spouse.
When filing Form 8379, you will need to provide information about yourself and your spouse, including your names, Social Security numbers, and the amounts of income and tax withheld for each of you. You will also need to indicate the portion of the refund that belongs to the injured spouse.
How to Complete Form 8379?
Step 1: Gather the necessary information
Before starting to fill out Form 8379, make sure you have all the required information at hand. This includes both spouses’ Social Security numbers, the amount of the tax refund being claimed, and any applicable income and deductions for each spouse.
Step 2: Determine your filing status
Indicate your filing status at the top of the form. This will typically be “Married Filing Jointly” if you and your spouse filed your tax return together.
Step 3: Complete the “Injured Spouse’s Information” section
Step 4: Complete the “Allocation of Refund” section
Here, you will need to allocate the refund between the spouses. Start by entering the total refund amount being claimed on line 1. Then, on lines 2a and 2b, enter the amounts of federal income tax withheld and any earned income credit, if applicable.
Next, calculate the percentage of the refund that belongs to the injured spouse. This is done by dividing the injured spouse’s income by the total income of both spouses. Enter this percentage on line 3.
Finally, multiply the percentage from line 3 by the amounts entered on lines 2a and 2b to determine the portion of the refund that belongs to the injured spouse. Enter these amounts on lines 4a and 4b, respectively.
Step 5: Sign and date the form
Both spouses must sign and date the completed Form 8379. If you are filing the form separately from your tax return, make sure to attach a copy of the tax return or the necessary supporting documents.
Once you have completed all the necessary steps, you can submit Form 8379 to the IRS. It is recommended to keep a copy of the form for your records.
By following these steps, you can ensure that the portion of your tax refund rightfully belonging to the injured spouse is protected from being applied to past-due debts. If you have any questions or need further assistance, it is advisable to consult with a tax professional or contact the IRS directly.
Emily Bibb simplifies finance through bestselling books and articles, bridging complex concepts for everyday understanding. Engaging audiences via social media, she shares insights for financial success. Active in seminars and philanthropy, Bibb aims to create a more financially informed society, driven by her passion for empowering others.