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8379 Form: What You Should Know
If you are filing a joint return with your spouse, the IRS will allocate their tax refund based on the percentage that each spouse paid back to the other. If you paid back 90 percent of your spouse's refund, then you're the 50th percentile of the other spouse's refund. If you paid back 10 percent of their refund, then you're a 100th percentile and the other spouse is the 50th percentile. For example, if we have a joint return with a joint refund that contains a refund for 2018, this is what it would look like for us: The amount of each spouse's refund is based upon their respective percentages of 2023 and 2023 Form 1040 income. What happens if the 50th percentile household has not paid off a portion of their loan? In this case, the 50th percentile taxpayer's share of the joint gross overpayment is not used in determining how much of the joint refund to send to each of the spouses based upon their percent contribution in 2016. So if the 50th percentile household did not pay off the amount due over the last several years, the 50th percentile joint return and joint refund would look like this: A joint return with no refund and no overpayment amounts. This would be completely fair to both spouses. The 50th percentile joint return would look like this: We have another example where we have not paid off a portion of our loan during 2016, which will result in them being sent their total refund as one unit amount rather than as separate joint refund payment: The amount they owe as a joint return is divided into two units, so for the example above, the 50th percentile joint return would look like this: For more information on what we mean by overpayment, please read our blog post on what the IRS considers to be an overpayment. Injured Spouse Allocation Forms. Injured Spouse Claim Instructions : 1. File Form 8379, Injured Spouse Claim and Allocation. Include the following on your 2023 Schedule C (Form 1040): Your last Social Security number (SSN) 2. State the reason for your filing as an injured spouse. For example, for a spouse who filed as retired on a Form SS-4 on February 1, 2017, the reason includes that a spouse was disabled, or suffered an injury, and needs income to meet his or her financial needs. 3. Have your spouse complete the Form 8379.
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