Question from Maria
April 23, 2010 at 4:00pm
I filed as arch of domiciliary already and accustomed fractional acquittance because my bedmate owes aback taxes. Can i book Form 8379, Afflicted Apron Allocation still? and if so would i accept to change my filing bronze to married/joint?
Answer: Maria –
Form 8379 is filed by one apron (the afflicted spouse) on a
jointly filed tax acknowledgment aback the collective overpayment was (or is
expected to be) activated (offset) to a past-due obligation of the
other spouse. By filing Form 8379, the afflicted apron may be
able to get aback his or her allotment of the collective refund.
An Afflicted Apron affirmation application Form 8379, Afflicted Apron Allocation, can alone be done in accord to a affiliated fiing collective return, you cannot be an afflicted apron unless you book a collective return. The Form 8379 should be filed aback you become acquainted that your allotment of an overpayment was, or is accepted to be, activated (offset) adjoin your spouse’s accurately acknowledged past-due obligations.
If you book the affirmation you will charge to alter your tax acknowledgment application Form 1040X and any added forms or schedules that would be altered due to this change in filing status.
Depending on your specific set of circumstances, the afflicted apron allocation may or may not aftereffect in an added acquittance amount.
Also, it is important to bethink that alteration your tax return, additionally changes your spouse’s tax return.
You can apprehend added about afflicted spouse, innocent apron and adapted allotment at the IRS website, www.irs.gov.
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