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    injured spouse

    It's been ages since I've filed one of these, so looking for a double check.

    H has a mandated repayment of unemployment that according to them occurred before they were married. They have one child which I allocated to W on 8379 resulting in the stand alone calculation of her receiving a larger "refund" than jointly, so the joint refund should be payable to injured.

    It does not appear that the 8379 can be e-filed with the return. It needs be be mailed separately? This seems totally bass ackward as fed will take refund and pay it to state. Then after they pay the injured spouse months later they claw back the money from the state?

    #2
    Originally posted by kathyc2 View Post
    It's been ages since I've filed one of these, so looking for a double check.

    H has a mandated repayment of unemployment that according to them occurred before they were married. They have one child which I allocated to W on 8379 resulting in the stand alone calculation of her receiving a larger "refund" than jointly, so the joint refund should be payable to injured.

    It does not appear that the 8379 can be e-filed with the return. It needs be be mailed separately? This seems totally bass ackward as fed will take refund and pay it to state. Then after they pay the injured spouse months later they claw back the money from the state?
    No need to mail separate.

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      #3
      E-file 8379

      I have a couple who has filed 8379 every year for at least 6 years. Husband has back child support and is disabled so unable to work; wife has all the income and there is EIC and Child Tax Credit involved. I always file 8379 with the e-filed tax return in February and it is at least April or May when they get refund but it always appears with no further questions asked by IRS. The state sometimes asks for a 8379 to be mailed in (don't know why they don't get it as part of e-filed package) so I always print out an extra one for clients to have ready if asked.

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        #4
        Ohio sends the taxpayers a separate form in the mail to fill out after the receive the efiled return. Takes a few seconds to fill out. Not sure with your home state KathyC

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