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Sc 8857 Form: What You Should Know

The form is designed to provide an exemption for the spouse. The purpose of this form is not to replace divorce proceedings, but rather to provide an exemption to the spouse, which is the most reasonable, and at the same time, is in the best interest of the taxpayer. What Does Form 8857 Require 1? You must be a U.S. citizen or a legal resident. 2. Any ex post facto relationship must be cleared in a proceeding before a state or federal court. 3. Form 8857 requires you to submit information that is either: a) not required by any other applicable law or regulation; or b) not required by the Internal Revenue Code under section 6012(c), or the other applicable law or regulation which deals with the exemption from a payment that would include an obligation imposed on a person by any other applicable tax. 4. You may not submit any supporting documentation or other information not required by the Internal Revenue Code (and, therefore, not required by the Form 8857) to explain how the applicable laws and regulations apply to you and the relationship you have with the IRS. 5. If you are requesting an exemption for yourself, you do not have to include any information or a justification for why that is different from the information you would have presented to any other IRS officer. However, if you intend to share that exemption with your spouse, then a reason should be provided, such that neither you nor your spouse would have to make any changes in the form.  6. You may fill in the box “False statement or fraud” at any time. However, you may also enter a reason for why you want to enter that information, such that both of you can have access to the exemption provided by Form 8857 as described above. 7. You must complete the form on the deadline date you enter. Other Forms There are other forms the IRS has for filing. These are Forms 8871, 8872, 8873, and 8874, and IRM, Request for Innocent Spouse Relief by Noncitizen. Forms 8871, 8872, 8873, and 8874, which provide exemptions based on the existence of a “significant duty to report earnings derived from unauthorized activity,” are generally not used for Innocent Spouse Relief. IRM 4.4.15.

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