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Form 8857 online Oregon: What You Should Know
The IRS is authorized to pay 13,000 for tax liability incurred by an innocent spouse. However, you must be notified by certified mail that the IRS has reviewed your tax records. You must be given at least 6 months after the date the IRS reviews your taxes if you qualify for innocent spouse relief. Your tax liability shall be reduced to zero, as of the date of the first attempt to collect the debt. A court order may be granted by a U.S. District Judge if, at the time the IRS starts an investigation or garnishes one or more wages. For details, see Form 8903-C, Innocent Spouse Relief to the Employer. Do I get credit if my spouse did not owe the tax? Yes. The Innocent Spouse Relief Form 8857 shall be considered a legitimate request for relief if: You provided both spouse and spouse's taxes to the IRS. The IRS is not collecting any interest or penalty from the spouse. (see above). The IRS has completed the investigation or garnished one or more wages that are legally owed you by a tax delinquent spouse. The IRS has not tried to collect in a timely manner. The IRS is considering your request for relief. If the IRS denies your request for remission, or you believe there is some other type of relief due you, you may request further relief when you file Form 8857. This includes a request for relief “that includes income tax,” such as Child or Dependent Care Expenses and a request for relief that includes income tax, such as Earned Income Credit and Medicaid. Does innocent spouse relief include a request for payment of the tax in a lump sum? No. This is done as a separate request. For details, see Form 8857, Request for Innocent Spouse Relief. What if I am not a U.S. Citizen? When you make Form 8857, you will file it with IRS. This means that the IRS is required to do the following during this process: A notice will go to the taxpayer who made the request for innocent spouse relief. A requestor will have an administrative hearing before an Administrative Law Judge. If the requestor is determined to be eligible for innocent spouse relief, the IRS must refund any tax that was unlawfully collected. There may be a period for tax collection action while the IRS continues to process the request, including collection agents, accountants and collectors.
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