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Santa Ana California Form 8857: What You Should Know

You must have filed a joint tax return and have filed a statement of information, certifying that the other spouse is not living separately from you. (2) Both of you did not separate and remain married. You may also qualify for a claim of innocent spouse relief. For more information see Innocent Spouse Relief Form 8857 — Innocent Spouse Relief — IRS Innocent Spouse Relief — Tax Pro & EZ If your husband or wife does not file his or her own income tax return, he or she may qualify for tax relief under the code of the “innocent spouse.” This is referred as the “taxpayer-innocent spouse” or “innocent spouse” relief. In essence, you are claiming the spouse who is the tax filer and not the taxpayer because one spouse is claiming the child tax credit or itemized deductions, and the other spouse is claiming the standard deduction. This relief is an exemption from federal income tax liability on one or both of the following situations: Your filing spouse does not have a tax liability at the end of the taxable year. Your filing spouse must have had no income for the entire taxable year. The filer is not the taxpayer because of one of the reasons listed under the “taxpayer-innocent spouse” relief. For example, where one spouse: a. Paid and accrued income taxes to the IRS. He or she has income, and b. Has not filed his or her own federal income tax return. (1) The filer file a joint tax return and files a joint return showing an eligible dependent who is covered by the Federal Dependents' Earned Income Tax Credit or Child Tax Credit (more about those credits is here). (2) The filer files a joint return and files Form 8863 or Form 8857 certifying to the IRS that the other spouse is not a dependent. The benefit is that the taxpayer-innocent spouse is relieved from any liability on the tax. However, the filer pays the penalty and is only relieved from liability on the tax. For more information on these or other types of relief, see IRS Forms 8857: Taxpayer-Innocent Spouse Relief or Tax Pro & EZ Blog.

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