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South Dakota Form 8857: What You Should Know

A spouse is a person who is: married to the taxpayer on the effective date of the tax return, married at any time during the 10-year period beginning on the last day of the taxable year of the taxpayer to which the spouse relates, or married in a marriage-like relationship in which there was a physical presence, if, at the time of filing and for the 2 calendar years prior to filing, either the taxpayer or the former spouse is: a child of the taxpayer, an employee of the taxpayer, an officer of the taxpayer, a member of the taxpayer's immediate family, an individual related to the taxpayer by blood or marriage or by adoption.   If you are seeking innocent spouse relief, the IRS will need both your tax return and the statements provided to you by the taxpayer, along with certain other facts and information.  When are I required to file Form 8857? You must file Form 8857 within 3 years of the event that resulted in the liability. The deadline is extended to 6 years for jointly filed returns. It's important to notify the IRS if you have filed Form 8857 late. If you believe your spouse should be responsible for taxes, you must file Form 8857 within 3 years of the date that the income tax for which you are seeking innocent spouse relief was first assessed. What if I file Form 8857 late? You will still be able to seek innocent spouse relief. However, the amount of relief you are seeking is reduced. The Form 8857 has a deadline of December 31st of the year after the filing deadline. For a joint return, that is January 31st of the year following the filing deadline. Who can file Form 8857? Anyone can file Form 8857. Since it is an administrative procedure, it can be done by anyone, not just taxpayers with tax liability. You are advised to speak with a tax professional, accountant, or attorney prior to filing. The filing burden is on you, not the IRS. What are the penalties for filing Form 8857 late or for not filing the Form 8857? It is a felony violation of law if the IRS has any part of information or evidence filed on Form 8857 not filed no later than March 31st of the year that the information or evidence is required to be filed. The penalty of 10,000 is imposed on any individual who willfully fails to file Form 8857 within that time period.

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