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Form 8857 Illinois: What You Should Know

If you are filing federal forms with IRS You must file Form 8857, but there is no penalty for not filing Form 8857. — You can file forms with IRS at no additional penalty. — A completed form must be provided to the state by July 1 of the year you are requesting relief. If you are filing with an attorney You can also file the form without the Allocation of and Worksheet. If you do not fill out an Allocation of and Worksheet when filing a personal income tax return with IL-RA, the state will not be able to assign liability to a spouse or former spouse. — When filing Form IL-8857 and an Allocation of Worksheet, you do not need to include any documentation, such as your spouse's state, city, county, or zip code (if you provided it to IL-RA). — If you request for innocent spouse relief and provide an address other than the one you filed your tax return with, all your spouse's income will be reported at that address. In this situation, the state will be unable to assess any income tax and, if necessary, will assign liability for all the tax to the person you provided the address. If you do not want to be assigned a spouse's address, or if you do not think that address will be a suitable address for assigning liability, you may use any other address that the state will accept, for example, another address that was submitted to the state. — Do not use tax liens, judgments, or liens on a family farm, your home, or any other physical asset or property. — The only property or cash you must report with your return is earned income (including capital gains). — If you are a veteran or the disabled, and you are not a U.S. citizen the state will refuse to assign the spouse's address. If you want to use a spouse's address for assigning liability, you must attach a letter from your spouse confirming that the spouse lives at that address. If you do not have a letter from your spouse, you must attach the Allocation of and Worksheet and Form IL-8857 for the spouse's address and attach a similar letter to the other return. If you are the parent and your spouse was not a U.S.

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