IRS Form 8379

[jroden]

I'm filling out form 8379 for injured spouse allocation. I worked and ran my small business all last year and my husband didn't have income but his past due support is going to be taken from both state and federal refunds. I am not sure if there is a way to get our State to give me my return back. I'm not sure what exactly line 6 means. I paid taxes from my full-time job, so does that mean I would select "yes" or does this mean I sent individual payments outside of my weekly paycheck percentage?

[DianeW777]

Yes, you would select yes, if all the payments (withholding or estimated tax payments) paid and sent to the IRS belong to you. 

It's uncertain about the rules for your state but you can use the link below to see the rules for your state Department of Revenue.

• How do I contact my state Department of Revenue?

If you are filing jointly you should continue to file this Form 8379 each year so that your portion of any refund is release.

[jroden]

Thank you, Diane! Also, does this mean I can skip the questions after this one even if I answer yes to them?

[LindaS5247]

Yes, question 6 states that if you answered "yes" you can skip lines 7-9 and go to Part II and finish the form.

Click here for Instructions for Form 8379.

Please return To Community if you have any additional information or questions and we would be happy to help.

[jroden]

Ok, thank you for verifying. I’m stuck on another thing- Line 20 says payments and on the instructions for the form on the irs website it says it would be on line 10 of schedule 3 and her schedule 3 doesn’t have a line 10 it ends at line 7 and there’s no page 2. What should I do here? 

[LindaS5247]

These payments would be payments made for filing an extension of the tax return or 2025 estimated tax payments made. You may not have either of these. If you don't it's ok to leave it blank.

These are the lines in question and the descriptions from the Instructions.

Line 20 of Form 8379

In column (a), include any payments shown on your joint return. These payments will be reported on Form 1040 or 1040-SR, line 26, and Schedule 3 (Form 1040), line 10.

Line 10 of Schedule 3  

 Line 10 Amount paid with request for extension to file (see instructions)

Description

If you got an automatic extension of time to file Form 1040, 1040-SR, or 1040-NR by filing Form 4868 or by making a payment, enter the amount of the payment or any amount you paid with Form 4868. If you paid a fee when making your payment, don’t include on line 10 the fee you were charged. Also, include any amounts paid with Form 2350.

Form 1040 

Line 26 2025 estimated tax payments and amount applied from 2024 return

Description

Enter any estimated federal income tax payments you made for 2025. Include any overpayment that you applied to your 2025 estimated tax from your 2024 return or an amended return. 

Click here for Instructions to Form 8379.

Click here for Schedule 3.

Click here for Form 1040.

Click here for instructions to Form 1040 (includes instructions for Schedule 3).

If you have additional information or questions regarding this, please return to Community and we would be glad to help.