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KS online Form 8857: What You Should Know
A) You must have filed a joint federal return and meet the criteria below — 1. Your spouse is deceased 2. Your spouse is deceased (dead) at any time during the calendar year immediately preceding the filing date. a. A “joint” taxpayer is one who files more than two sets of tax returns within a one calendar year. b. Joint means that you and your spouse file jointly with a U.S. agent. c. You and your spouse may file separate return for the return that did not include your spouse. You must also file separate return for the return that includes your spouse, if either of you did not return to the joint tax return after your spouse's death. The separate return may be Form 1040, 1040A or 1040P, or a separate Form 1040X. You must file the separate return no later than 31 December of the year following your spouse's death. 3. You have no children or dependents at the time you file Form 8857. b. The amount of tax owed must be paid by you or your spouse to the Tax Court in small lump sums that generally add up to less than the full amount of tax you would have owed if you had waited to pay the tax until age 59 1/2. The amount you may receive varies with the amount of tax you owe and the judge's ability to collect. 4. You must meet the criteria below at your request — d. Your spouse had assets in Kansas before your death — 5,000 or more 5. The amount of tax owed under the standard assessment year or the tax owed under the applicable adjustment year must be paid to the Tax Court within one year of your spouse's death. The Tax Court may set a date within that year or may set a time range. You must pay the tax within that time period or the amount owed will be determined as if you were still married at the time the lump sum amount is paid. a. If the Tax Court determines that all the spouse's assets that were reported on the return that included the amount described above exceed 5,000, you must include all the lump sum in your estate's tax liability as required by section 612 of the Kansas Constitution. 5.
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