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Anaheim California online Form 8857: What You Should Know
Form 8857 may also be used in cases where the taxpayer was not aware that he or she was married to the other spouse and still does not know who the IRS is dealing with in your home. The taxpayer may be able to submit his or her own Innocent Spouse Tax Relief form using Form 8857, provided the IRS knows his or her identity and any other information requested by the taxpayer. For example, if the taxpayer has never been issued a Social Security Number for the other spouse and that spouse was not listed as an individual taxpayer on the taxpayer's original tax return, the IRS may be able to make this determination using Form 8857. The IRS will first determine whether the innocent spouse applies for SSN relief from the tax liability. If, based on this information, a letter is not necessary, only the other spouse's name will be used in the application. It is important to note that the IRS will never file a claim for innocent spouse relief on an IRS tax return for any individual that has already applied for SSN relief. In cases where a taxpayer wants to file Form 8938 to claim innocent spouse relief, only the taxpayer's own name will appear on this return. The Innocent Spouse Relief is considered as a taxpayer's “own” tax owed rather than the “assumed” tax. This indicates the taxpayer's intention, unless there is some other agreement between the parties. If the Innocent Spouse Relief is required by any IRS regulations, it will appear as a separate IRS document (Form 8938G) and, therefore, may not be included in a joint return. When the Innocent Spouse Relief is filed as a separate return, each taxpayer must file his or her own return if the IRS asks the taxpayer to do so. This means that in cases where each taxpayer agrees on a single return, they may be able to use a common return that contains both the Innocent Spouse Relief application and tax return. Innocent Spouse Relief Form 8938G In fact, in some cases the only tax owed by the two filers is the amount of the innocent spouse relief application. In these cases, the entire return would be filed with the Innocent Spouse Relief Form 8938G. The Innocent Spouse Relief application also appears on Form 1040NR.
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