Industries
Features
Apps
Plans and Pricing
Developers
CONTACT SALES START FREE TRIAL
Free Template

Form 8379 – Injured Spouse Allocation 2021

2 signers
1 Taxpayer
2 Preparer
Use this template
USE THIS FREE TEMPLATE

Maximize Form 8379: Injured Spouse Allocation

Use the Internal Revenue Service (IRS) Injured Spouse Allocation, or Form 8379 as it is commonly referred to, can be a critical tool for reducing tax debts for married couples. With knowledge of the injured spouse’s rights and the proper completion of Form 8379, it is possible for a spouse to significantly reduce their tax debt on a joint return.
USE THIS TEMPLATE - FREE
form 8379 injured spouse allocation template
In many cases, when a married couple files taxes jointly, they are both responsible for the entire tax return amount, no matter which partner made the income. Unfortunately, this sometimes can lead to one spouse shouldering a disproportionately large portion of the debt.

Get your free copy of Form 8379 from Fill to sign and file your tax form now. This form contains the process and requirements for injured spouse allocation, so those affected can be prepared to take full advantage of their situation.

What a Joint Tax Return for an Injured Spouse Allocation Claim Does

These allocation claims are available—to provide relief to the partner who had no control over their spouse’s outstanding tax bills (such as unpaid child support, past-due student loans, and certain other types of federal non-tax debt).

With this kind of claim, the partner who was unaffected by those debts is allocated their share of any tax refunds that may be due. That way, the IRS cannot pursue collection from the innocent spouse, and the injured spouse is able to keep whatever money is due to them.

It’s important to note that Form 8379 cannot be used to request a larger refund than you are due. It is designed only to protect an innocent spouse from being held liable for their partner’s debts. It is also worth mentioning that Form 8379 can be submitted solely to contest an IRS request to pay an existing debt.

Exploring the Contents of Form 8379: Injured Spouse Allocation

The process of filing for an injured spouse claim begins with filing Form 8379. This form must be filed separately from the standard joint income tax return. It will ask for financial information, such as your and your spouse’s individual incomes and deduction amounts, as well as any debts owed by either of you. The form also requires a detailed explanation of how any existing debt could have affected the innocent spouse.

The IRS recommends that you wait for their initial review of the Form 8379 before taking any further action. If they find an issue with your claim, they will contact you to discuss it. But if they accept your claim, they will send a check covering your portion of the credited refund.

Before filing Form 8379, contact the IRS for more information about this relief program. You can do this by calling their helpline or searching for it on their website. The experts at the helpline are well versed in the intricacies of the program and can assist you in determining whether or not you qualify.

There is also a related Form 8857: Request for Innocent Spouse Relief which allows you to request relief from a tax liability involving a spouse or a former spouse responsible for the tax. This form should be used if you have received a notice from the IRS that requires payment of a joint tax debt or an assessment of penalty relief and interest.

USE THIS TEMPLATE - FREE

Spousal support

While spousal support payments do not directly reduce your tax debt, they allow for the income generated from them to be assigned to the lower-earning spouse and thus taxed at a lower rate than the higher-earning spouse. An injured spouse relief can effectively reduce your overall tax liability and help you manage your tax debt. Additionally, it allows for a more equitable sharing of the tax burden.

Child support

When filing for an injured spouse relief claim, you may be able to allocate some of the refund due to you to pay down any remaining child obligations owed. This allows for a more equitable distribution of taxes and helps both spouses manage their tax debt responsibly.

Student loan

Student debts are often the source of some of the most significant tax liabilities for married couples. This means that if one spouse is responsible for any of these unpaid debts, the other spouse can fall victim to an unexpectedly large tax bill. In these cases, filing a joint return for an injured spouse allocation claim may be necessary to protect one partner from shouldering the entire burden of the student loan.

Other Federal non-tax debt

In situations like these, an injured spouse allocation can help protect one partner from being held liable for the debts of their other half. The process involves filing Form 8379 with the IRS and providing detailed information about the affected individual’s income and deductions, as well as any outstanding debt.

FAQ About Form 8379 Injured Spouse Allocation

Form 8379 is a form filed with the IRS that allows an injured spouse to claim their share of a joint tax refund. This form can be used when one spouse has unpaid debts or other liabilities, and the other spouse wants to ensure they get their share of the refund instead of it being applied against the debts.
You should file this form if you are married and have also filed your taxes jointly with your spouse, but you have unpaid debts or other liabilities that could potentially take away money from your tax refund.
You need to submit this form along with your joint return. You cannot submit the form before filing the return in order for it to take effect.
No, filing Form 8379 is necessary in order for you to receive your portion of the joint refund without having any of it taken away because of unpaid debts or other liabilities.

" Undoubtedly one of the best eSignature application available in the market right now. Would love to recommend Fill. "

Liam Washington
Capterra

Ready to get started
with this template?

Click the button below to add this template to your account. If you do not have an account, you can sign up for a free trial to start using this template.
USE THIS TEMPLATE - FREE
Arrow-up