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New Mexico Form Steps to Complete 2553 IRS: What You Should Know

You must file Form 8379 by October 1 and pay the required refund before the end of 2018. If Allocation Is Required, You Need Form 8379 A Form 8379, Form 8889 and Form 8379-A are used to allocate a nonrefundable credit for past-due tax that is recovered from an insured spouse with whom you are filing a joint tax return. However, an election to apply such a recovery for past- due tax may be filed on Form 8889, when filing a joint return on or before April 15 of each year (before that date, and after April 15, you may file Form 8379-A, Form 8379-D or Form 8379-E). It may not be possible or advantageous to have a recovery in one year and to have it distributed to you (whether before or after the tax year that the recovery is taken from) in another year. Can I File Form 8379 Electronically? Where do I Send My Form 8379? I wish to file a Form 8379 if I was the victim of an insurance fraud that caused my spouse to claim the insurance, but the fraud was discovered after filing a joint return. I believe the fraud amount was incorrect (which was the fraud's loss). Do I have to file a Form 8379 when I get my refund? Yes, you must file a Form 8379 if any of the following are true: you can show that you were the victim of a fraud that required you to claim (or allow your tax preparer). You were required to claim benefits for a tax year during which the fraud took place. For a tax year during which the fraud took place. You were the victim of a fraud that caused a tax loss, and you recover your loss during the same year that the fraud was discovered. You must file a Form 8379 by April 15 of the year after the fraud loss occurred. If you can show that you did not receive any money or property as a result of the fraud, your refund will be adjusted. But, if you cannot show that you received any money or property, you cannot claim the fraud amount (loss) on Form 8889. That is even if you do not know if the fraud was discovered after filing the Form 8889, but it was.  I believe that my filing a Form 8379 was a mistake.

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