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Form 8857 Houston Texas: What You Should Know

For example, you might be able to file Form 8857 even if you don't live in your spouse's community property state.   The amount of relief you obtain depends on how much community assets you have. If your community property is less than one-third of your total assets, your spouse is eligible for relief. You can't file Form 8857 if your spouse's income or assets total more than one-third of your total assets. If your spouse's value is more than one-third of your total assets, you might be eligible for property or income replacement. See Property Incentive Relief for more information. The rules regarding your spouse's property and income might also be relevant if you live in a community property state and your spouse owns only a few of the property and property rights owned by all of your spouses, or if your spouse files both a joint return and a separate return in your community property state. If all three of our spouses file separate returns on our separate tax returns, we might be eligible for one-third property or income replacement. See Income Replacement for more details. You can file a Form 8857, Request for Innocent Spouse Relief, online at IRS.gov, or download and fill out the free Form 8857. You can also write the form a legal statement. There is also an option for print-ready Form 8857. Just print the PDF form and fill it out. If someone is challenging your spouse's return, he or she can't just file a legal objection. He or she must file the form to obtain relief on your behalf. The form may take three or more months to process. The amount of relief you obtain depends on how much community property you have. If your community property is, for example, one-third, your spouse is eligible for relief. You can still file your own return. The process doesn't end once you file. If the IRS has already mailed you Form 8857, there is a one-year waiting period between when you received the form and when you can actually file an appeal. See Form 8857 for more details on the waiting period. Your spouse can file Form 8857 to obtain the relief from some, but not all, of your marital assets. For details, see the Forms 8857 instructions, instructions for Form 8857-EZ, and Form 8857-FZ.

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