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Form 8857 North Carolina: What You Should Know

If you have lost wages on account of bankruptcy, then you are the innocent spouse. If you are married and filed together or filed separately; if your divorce was final, and if you were both separated from your spouse at the time of the divorce — you're the innocent spouse. If you were separated at the time of divorce but still legally married, you may be the innocent spouse. This form is also useful if it is not apparent to you at the time of filing your taxes that you are the innocent spouse. You don't even have to be married to get relief. Example — A married couple who married at age 10. They had a child, and that person would not be able to file tax for the year because the tax form would show that the child was born before the date that the couple had their marriage legal  under federal law. A Form 8857 is then filed, indicating that the child was born in the year of the two-year separation/separation period of the couple. The tax form shows the child as the innocent spouse. Since the child doesn't possess the tax liability for the year at issue; it automatically becomes the innocent spouse of the husband and wife, and that spouse may be held responsible for the entire portion of the tax that would be taken by the spouse of that child. Examples of Tax Losses That Can Be Ordered Innocent Spouse Relief: A tax return may have been filed for a prior year and subsequently lost. The tax file may indicate a loss when filing a future tax return. A single tax return may have been filed for a tax period that does not exist or was not earned by an individual. A single tax form may have been filed that was lost. A couple may have been separated when one spouse was paid and the other was not paid for work performed. If your spouse was fired and subsequently found by an employment agency as not qualified or unsuitable to work in that particular occupation or trade; if you cannot get insurance for your spouse when on disability leave as result of divorce or custody dispute; if your spouse was fired for misconduct during the marriage and if an arbitration hearing has not been held, the spouse will be the innocent spouse. When filing taxes, the couple is the innocent spouse regardless if they were married in a state recognized as a  domestic relationship or not.

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