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Form 8857 online DE: What You Should Know
This relief is available whenever both spouses are present at the time of the occurrence of the act (actions), and when some but not all the spouse's assets are placed in a trust. This can apply to events or acts that occurred before a marriage. In the current fiscal year, the IRS is accepting claims of Form 8379, Injured or Innocent Spouse. If you submit Form 8379 as an innocent spouse, the IRS will notify you that you do not have to file Form 8379 if the IRS determines that either: 1. You were not the victim of an unintentional act or omission by your spouse, and 2. Your income, gain, losses, or deductions from the wrongful act or omission were not reasonable or properly allocable. To submit Form 8379, use this checklist: 1. Your spouse or former spouse has not filed a joint return and filed Form 1040 with a Form 1040 tax return. 2. Your spouse or former spouse cannot be found or if found is not able to be located. 3. You and your spouse or former spouse are unable, because of the above, to file the joint return because you, or you and your spouse or former spouse, are elderly or have health problems. 4. When filing Form 8379, you must have the following information about you and your spouse or former spouse: 5. Your spouse or former spouse is dead or incapacitated and cannot sign the return. 6. Your spouse or former spouse is not able, because of his or her mental or physical incapacity, to sign the return. If the IRS decides that your spouse or former spouse is the victim of an unintentional act or omission, it will hold your spouse or former spouse liable for taxes on the gross amounts of those assets he or she owned on November 30, 1986, and immediately after his or her death. It will not hold the spouse/former spouse liable for those amounts because: 1. Your spouse or former spouse was not a victim of an unintentional act or omission even though you were. In other words, when you submit Form 8379 for innocent spouse relief, the IRS will assess taxes on your spouse's estate that were due on November 30, 1986.
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