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Form 8812 Sterling Heights Michigan: What You Should Know
Federal Income Tax with a disability payment claim or Federal Unemployment Tax with a disability payment claim for the tax year in which the disabled person files Form 8379 in which case the injured spouse will get the tax credit. If the injured spouse receives this tax credit within 60 days of filing Form 8379, he or she will be eligible for the credit. If the disabled spouse is still being reimbursed for his or her disability-related income as of the 60th day, the injured person may be able to claim the credit for the amount the disabled person pays into the Disability Benefit Account. (Please see IRM 22.214.171.124.1.2.12, Claiming the Injured Spouse Relief, when to file.) If you cannot meet the 60-day date for the credit, you can qualify for the credit only on a post-1850 disability date. If you can meet the 60-day requirement, you cannot claim the credit within 6 fiscal years after the injured spouse's original return for the tax year in which the injury occurred. The credit will not go forward to the period after the disability date that is greater than: (1) The amount you actually paid; (2) The amount claimed as in-kind medical expenses on the original return. Example: Marine dies on 4/25/1990 of his or her military injuries. Marine filed Marine's claim for tax reduction on behalf of the injured spouse (Form 8-068). Marine died 4/16/2015. Marine filed Form 8-868 (Refund Allocation Agreement) on 4/30/2016. Marine died of injuries on 4/16/2015. Marine paid 2x Medicare & SSI benefits for 90&80 days during the last 30 months of the tax year to which the credit would apply. The injured spouse got a refund equal to the full amount of the reduction for the 90&80 days worked during the period covered by the return for which the injured spouse paid back taxes. This refund was subject to a 10% Federal tax on the amount over 2,500. IRM 126.96.36.199.1.3, Claiming the Injured Spouse Relief, when to file Form 8379 (Rev. November 2021) — IRS IRM 188.8.131.52.1.
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