Federal Tax form 8379 - Injured Spouse Allocation

I am trying to help my friend fill out this form and we’re getting stuck on number 6.

It reads:

Did you make and report payments, such as federal income tax withholding or estimated tax payments?

Now, we know that she didn’t make any estimated tax payments. But, what exactly does that first part mean? She did pay federal taxes all year. But, is that what it means? Or is it something more technical than that.

Thanks!

Yeah, the wording is weird. The question is getting at whether the taxpayer has made payments of tax that could be refunded to the taxpayer (if it weren’t for that damn spouse’s liability soaking up the refund).

Anyway, here’s what to do: Your friend should answer yes if your friend had a job and tax was withheld from your friend’s check (or your friend made estimated tax payments). Your friend should answer no if your friend didn’t work at all last year (or had a job and tax wasn’t withheld and your friend didn’t make any estimated payments).

I am a tax lawyer but not yours or your friend’s, blah blah blah, I’ve had one beer and Bob’s your uncle.

Thanks! That’s exactly what we needed to know. The best part is that we did it correctly. Hopefully we can get her the over $4000 back that they took for his child support.

Well, to be fair, if they took $4k, she’ll only get half that back, or around $2k. (If, however, they took $8k, you’re correct that she’ll be getting ~$4k.)

Seeker, how do you figure? When my husband and I were first married, we filed joint - and I was the only one who worked all year, and was entitlted to around a $4,000 return. Which they yanked due to his previous child support issues. I filled out the form, sent it in, and got my entire $4,000. (Which they also credited to his arrearage for child support, the idiots.)

I don’t know if it’s 100% relevant, but seeker is in a community property state, where everything is divided. I think Illinois is separate property.

Oops. I’m in California (community property state) and I forget to ‘turn that off’ when I talk about taxes in another state. So, yes, in your case, and likely in the OP’s case, that doesn’t matter.

Apologies all around.

My ex’s still got all the GOOD stuff, though… :wink:

Seeker - Cool beans, man! :slight_smile:

Last year, her husband made less than $4000 and only paid about $200 in taxes - total to state and Federal. She made almost $30000 and paid all the taxes. The kids aren’t hers. Actually, they’re not even kids. One is 19 and one is 20. The 20-year-old doesn’t even live with her mother any more. But, her husband still has to pay child support for them. Since he barely worked, obviously he didn’t pay anything.

Anyway, they took her entire, over $3000 Federal refund and her slightly over $1000 state refund. She is a wee bit bullshit over this, as you can imagine.

Apparently this is the 4th year in a row that they’ve taken her money but every other year, she was told there was nothing she could do about it. And they said she can’t do anything now, it’s too late, as the money’s already been sent to the mother. But, she still has time for this year.

Anyway, you guys are great and I really appreciate all the help. She does too.