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Form 8857 for Maryland: What You Should Know

You will know in a fraction of a second which tax you are responsible for.  Request Innocent Spouse Relief Using Form 8857 — IRS To request innocent spouse relief the spouse(s) of you who dies must file IRS Form 8857 within 5 years (3 years in cases of intestate succession) of the date of death: If, on the date of death, no spouse exists, no person claiming to be the spouse of the deceased may file a claim for innocent spouse relief. If the death occurred after January 1, 2015, and before December 31, 2016, only the surviving spouse(s) of the husband(wife) or wife who died must file a Taxpayer's Certification of Injured Spouse. The certification must be filed in the tax return that is due on or before the date of death of the surviving spouse or death of her surviving spouse. If (and only if) one of the following situations apply, only the surviving spouse(s) of the deceased will be responsible: -The deceased person's spouse did not survive the decedent -The deceased person's spouse was not entitled to relief under the Federal Tax Court's Order of the Federal Tax Court (Order 8.4.2008, TCA 9) -The decedent was married to a living person, but the surviving spouse had been a party to a prior marriage and entered into a common-law marriage with a person who was married to the deceased person within the 6 weeks immediately preceding death (no person may claim a marriage-like status for a prior common-law marriage). —The decedent was married to a deceased person, and at the time of the decedent's death his or her spouse was separated from the decedent by an action on the husband's or wife's part alleging that the two are legally separated. If none of the above apply, the surviving spouse or a surviving co-habitant will be responsible for paying all tax and interest on the decedent's estate. If the surviving co-habitant is you, you are responsible for the tax and interest. Request Innocent Spouse Relief Using Form 8857 — IRS The claim for innocent spouse relief is valid only if a surviving spouse or any person claiming to be the spouse of the deceased is entitled to a refund for the tax and interest paid on the decedent's estate.

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