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Albuquerque New Mexico online Form 8857: What You Should Know
Frequently Asked Questions What is Innocent Spousal Relief? Innocent spouse relief is used when you believe that there are grounds for granting (i.e., there have been no “intentional” acts or omissions) but the IRS believes that the relationship has deteriorated to the point where you can no longer maintain that relationship. I have never lived together, but I believe that my spouse committed and is continuing to commit an intentional act or omission in order to cause me to become financially dependent on him or her. Can I still file a joint tax return and claim innocent spouse relief for the entire 2023 income, even though I will not live with my spouse in 2015? No. You must wait until you live with your spouse to claim innocent spouse relief. What if I live apart from my spouse but remain financially dependent on my spouse? The IRS has no control over when you are financially dependent on the person who is not living with you (i.e., your spouse). You should consider the impact on your life once your non-resident dependents file their tax returns. For example, if your spouse fails to file taxes for the year, your non-resident dependents will be required to begin filing their taxes in your state. Your dependents might be subject to an automatic double or triple withholding. In addition, your non-resident dependents might also be subject to a tax on net income, a federal tax penalty, any state-specific tax withholding, or other state tax rules. Once they have filed their federal income taxes, dependent persons will be responsible for reporting their non-resident spouse's Social Security and Medicare benefits with the Internal Revenue Service. I have lived apart from my partner for some time, but we do not file joint tax returns. Is there any way to get innocent spouse relief? Generally not. If there were “internal” acts or omissions, such as the death of your non-resident spouse, you should be able to file a joint return. However, filing your tax returns separately could affect the timing to file a joint return. Can I file tax returns from both states? If you do file a joint return but reside in one state and your non-resident spouse does not file federal income taxes in your state, then you both must complete Form 8857, but both must include separate statements showing when the non-resident spouse's federal income taxes were paid. (The form is for residents of one state only).
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