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Form 8857 for South Carolina: What You Should Know

If a person claims to be the spouse or former spouse, the forms in the table below outline the tax relief available. A married couple filing separately. An unmarried individual who separated and then married a person living in Indiana. A married individual who has separated and later remarried in Indiana. An unmarried individual who has divorced the person who claimed to be the spouse. A married individual who filed a joint return and separated from the taxpayer within one year of filing the combined return and claiming to be the same person. Qualification Individuals filing an income tax return on which they claim to be the same person. A spouse or former spouse who is listed on the claim. If the taxpayer has changed his or her name or address, an original certificate from the IRS verifying the change of address must be attached to the claim as proof of change of name or address. The person whose name is changed on the claim must also attach a letter from the IRS verifying the change of name or address. Form 706, Statement of Tax Information as a Dependent on a Claim for Innocent Spouse Relief, must also be attached to any claim for relief under Form 8857. Qualification for Relief under IRS Form 8857. Any of the following may qualify for relief within 2 years of an IRS attempt to collect a tax: An unmarried individual who claimed to be the one and only spouse on the original return. An unmarried individual who claimed to be the same spouse on the combined return. A married individual who filed a joint return and claimed to be the spouse on the original return. If an unmarried individual has divorced the person claiming to be the spouse, a separate notice must be sent to that person listing the reason for divorce from the taxpayer. The following are not considered to be eligible for innocent spouse relief under IRS Form 8857: Claiming more than one person as a dependent on a joint return. Claiming to be the same person on more than one return within a two-year period. Claiming to be the same person for more than two years. A person claiming to be the one and only spouse on two or more separate income tax returns. Someone who was listed separately on the return for two consecutive tax years while claiming not to be the same person. Someone claiming to be the same person who had no spouse during that time. Qualification for relief under IRS Form 8857. Any of the following may qualify for relief from the tax liability in the two years following your first attempted tax collection attempt.

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