Smartasset and Yahoo Finance LLC can earn a commission or income through links in the lower content.
When a married couple submits a joint tax return, both spouses usually share responsibility for all tax liabilities. However, if one spouse has long -lasting debts – such as unpaid federal taxes, state taxes, maintenance of a child or student loans – The IRS can use the entire tax refund to meet these obligations. Form 8379, also known as the distribution of an injured spouse, allows the injured spouse to request his honest share in the return, so that it is not used to cover the debt of another spouse.
AND Financial advisor It can help you determine the eligibility for the Form 8379 and refer the injured spouse to the return of your share in the return of joint tax.
Form 8379, called the distribution of an injured spouse The tax form allows the injured spouse to regain his part of a joint tax refund, which was compensated for by the unspoken debts of another spouse. These debts may include overwhelmed federal or state taxes, maintaining children or student loans. This form is intended to protect a spouse who is not legally bound to debt from losing a lawful share of tax return.
It should be noted that the registration form 8379 does not remove the debt or does not change tax liability, but prevents one spouse from being used to cover other people’s obligations.
If your share of tax return is applied to your spouse’s debt, here are six general steps to help you submit Form 8379:
-
Get Form 8379 from the IRS website or tax expert.
-
In a kit with details from a joint tax return, including income, loans and deductions for both spouses.
-
List whether you tolerate a Tax return or separately.
-
List the details of the move, including the amount taken and the agency responsible for the debt.
-
Sign and Date the form to confirm its accuracy.
-
Send Form 8379 IRS -together with a tax return (if applicable) or as an independent document. If it is tolerated separately after a shift has occurred, the paper version must be sent to the Es -in.
Not all spouses are qualified to submit a form 8379. The IRS has special rules for who can apply. You can first apply if you earned income, paid taxes or requested loans to a The return of the jointsAnd your part tax refund was used to cover your spouse’s debt.
Second, you can qualify if you are not legally responsible for debt. However, if both spouses share responsibility for debt, the Form 8379 cannot be used.
For example, if you and your spouse owe joint taxes or you have signed a loan, the IRS considers you both to suit you. In that case, you would not have the right to bear the assignment of the injured spouse.
