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California online Form 8857: What You Should Know

Filing an Innocent Spousal Claim with the IRS: If you are married to someone in the United States and you or your spouse is the subject of an audit, please understand that you have the right to file a claim for innocent spouse relief If you were married before the end of 2023 and believe you may be a victim of a Form 8283 or 9507, (see below for the rules) for purposes of determining your tax liability, you may request innocent spouse relief using Form 8857. This form must be filed electronically and includes the filer's full name, Social Security Number, date of birth, and a declaration that the recipient is a person and that: “(1) the person is, under state law, required to report all earnings or property income, and any payments that are required to be collected under state law.” If you file Form 8857, your spouse or former spouse must be notified of the filing and must respond within 90 days after mailing the Form 8857 to apply for innocent spouse relief. Form 8857 (Innocent Spousal Relief) — Frequently Asked Questions Form 8857 will help you or your spouse or former spouse avoid federal, state, or local taxes and fees because of an audit of, or an IRS claim of wrongful deductions or unpaid tax. If your application for innocent spouse relief is denied, the IRS will send your Form 1120 and supporting documentation, so you can ask for additional details from the IRS about the audit or claim of wrongful deductions or unpaid tax.

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