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Tax Form 8379 - Injured Spouse - Trick Questions?!

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ownagesoft

Junior Member
What is the name of your state (only U.S. law)? Ohio

Question 6 reads: "Did you make and report payments, such as federal income tax with holdings or estimated tax payments?"

Now I worked a normal job. And federal state and social security and Medicaid were taken out like normal. So I would assume yes but is it considered a payment? If yes I skip the next three questions which are..

Question 7: Did you have earned income, such as wages, salaries or self employment income?

Yes I did have wages it says that on my w2.

Question 8: did you claim the earned income credit or additional child tax credit?

Yes I have 2 kids.

If I answer 6 as yes then I skip those true questions so my question is...

Am I suppose to say yes or no to 6 because I don't wanna miss out on the credits or delay the process

Thank you!
 


FlyingRon

Senior Member
There are certain things that are recoverable via the innocent spouse filing. Theses steps are trying to determine if you have anything that is eligible to recover. If you get to the "Go To Part II" section at any point you're OK, the fact that there are multiple paths to the "Go to Part II" just means you have more things to recover.

Just because you have children doesn't mean question 8 applies anyhow...you have to have either qualified and taken (or you wish to do it now) the credits listed. This is distinct from just taking your kids as exemptions.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Ohio

Question 6 reads: "Did you make and report payments, such as federal income tax with holdings or estimated tax payments?"

Now I worked a normal job. And federal state and social security and Medicaid were taken out like normal. So I would assume yes but is it considered a payment? If yes I skip the next three questions which are..

Question 7: Did you have earned income, such as wages, salaries or self employment income?

Yes I did have wages it says that on my w2.

Question 8: did you claim the earned income credit or additional child tax credit?

Yes I have 2 kids.

If I answer 6 as yes then I skip those true questions so my question is...

Am I suppose to say yes or no to 6 because I don't wanna miss out on the credits or delay the process

Thank you!
If you had federal withholding (not social security or medicare but federal income tax withholding) then you answer YES to that question and skip 7, 8 and 9.
 

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