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About Form 8857
You Should File It For the following reasons. Your spouse or former spouse has already filed an Income Tax Return. It is important to file your tax return for the year being taxed as soon as you have knowledge of your spouse or former spouse's income or gain. Also, if you must file for the year being taxed as a qualifying child, you will not do so until you know about the earnings of your spouse or former spouse. How to Get Your Spouse's/Former Spouse's Tax Return This is an easy process. If you are married or your former spouse is married and does not file a tax return with IT, you must complete a special form called Form 8857. What this form is for depends on the relationship between you. Form 8857 should be filed with your return as it can save you time and effort. You should only fill out this form for your spouse or former spouse if you have been advised that the person named on your tax return has an annual income of 600 or more. If the person has an annual income of less than 600 the Form 8857 will not be accepted. Complete and submit the Form 8857. You can also e File your tax return or e file your Form 8857 if you choose to do so. Com, which is an easy process. If you are married or your former spouse is married and does not file a tax return with IT, you must complete a special form called Form 8857. What this form is for depends on the relationship between you. Form 8857 should be filed with your return as it can save you time and effort. You should only fill out this form for your spouse or former spouse if you have been advised that the person named on your tax return has an annual income of 600 or more. If the person has an annual income of less than 600 the Form 8857 will not be accepted. Complete and submit the Form 8857. You can also e File your tax return or e file your Form 8857 if you choose to do so. Com or e file. If you want to be sure your Form 8857 is accepted, please see How to Get Your Copy of Forms 8857 and 8857-E How to File e Form 8857 Your e file or e file your return should be made by using a computer. This will allow you to do everything a person or group might have to do in a paper return.
What Is Form 8857?
Form 8857, Request For Innocent Spouse Relief is a document necessary to ask the Internal Revenue Service for relief. This paper is used when you are aware of a tax liability for which only your spouse has to be held. The thing is that couples filing a joint tax return are both responsible for the tax obligation. In case any spouse is required to pay additional fee, the other one will be still liable. However, they may ask for a relief to avoid paying too high taxes. This works only if there is concrete evidence that the spouse has obligation they have be solely responsible for.
Note that even after the divorce you may stay under the joint tax return liability. That’s why you have to submit the 8857 Form.
In order to avoid difficulties with paperwork, you may choose to prepare the 8857 Form online. All you need is to find the appropriate blank, enter required details, add your signature and forward the document to the recipient via email, fax or sms.
Read carefully the following instructions to see what information is necessary to be included:
- The 8857 template consists of 7 pages. Pay attention to the field labels not to miss any important detail.
- Answer the questions concerned you and your spouse during the tax years you want to relief.
- There are points intended for disclosing data about domestic violence or abuse from your spouse. Prtruthful information.
- Describe financial case in the specified years.
- Write about you current financial situation.
- Indicate your monthly expenses.
- Add any additional information.
- Date and sign the document.
Check all the provided details, correct errors before signing. If necessary, print out the blank form and fill it out by hand. However, it’s more convenient to share the file via email.
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FAQ - Form 8857
What is the purpose of Form 8857?
The purpose of Form 8857 is to obtain the taxpayer's consent to an income tax return. The tax return for the period may not contain a computation of gross salary for the period, but it may contain a computation of salary by position type. The calculation must be used to compute the taxpayer's tax liability for each taxable year (year before and after the period).
Where can Form 8857 be filed?
Form 8857 can be filed with IRS Form 1040 forms for individuals (for taxable years before 2003) and Form 1040A forms for individuals (for taxable years after 2003).
The form may also be filed with the Federal Tax and Revenue Administration Publication 8127B, Revenue Ruling 76-15, Statement of Assumed Income from Employment Tax in Payment of Taxes Withheld by Publicly Traded Domestic Corporations. The taxpayer may also complete Form 8903 and mail it to the IRS by postal mail or fax.
The IRS will then send it to Form 8903 and attach a copy of Form 8857 to that form.
What is Form 8797?
Form 8797 is also issued by the IRS to determine income of certain persons who are “in the business of making sales” (i.e., those who make sales for the profit, not the cost, of the goods they sell). The purpose of Form 8797 is to ensure that the taxpayer is in compliance with applicable laws, regulations, and administrative guidance, as well as to make the taxpayer aware of any relevant additional tax considerations related to the employment tax.
What is Form 1120S?
Form 1120S (also known as a sales receipts return) is an IRS form that determines which deductions a tax return must contain. Form 1120S includes one of the three types of sales receipt: (1) Form W-2, (2) Form W-2c, or (3) Form W-2F (see illustration, figure 6-19).
Who should complete Form 8857?
If you are a U.S. citizen or permanent resident of the U.S., you should complete Form 8857 and attach it to your tax return. Note that Form 8857 is only required to apply to nonresident aliens who are nonimmigrants or other nonresident aliens who have been admitted into the U.S. on a nonimmigrant visa (a green card or a nonimmigrant visa).
You are not required to complete Form 8857 if you were admitted into the U.S. after a special immigrant visa as the spouse or minor child of one of the following individuals:
U.S. citizen or a lawful permanent resident of the United States
U.S. green card holder (legal permanent resident)
U.S. citizen or an eligible noncitizen from the Visa Waiver Program, National Interest Waiver Program, or NAFTA Traveler, or
green card holder (legal permanent resident) from the Visa Waiver Program, National Interest Waiver Program, or NAFTA Traveler, or a permanent resident alien of Canada, Mexico, or Central American or Caribbean Countries
Note You will need to attach Form 8857 if you receive a Form I-601, Nonimmigrant Visa Application or Notification of Action, (I-601-FS), Application for Nonimmigrant or Temporary Resident Entry, or you receive a Letter of Intent to Travel as a nonimmigrant.
You are not required to complete Form 8857 if you are a nonimmigrant who cannot be issued a Form I-601-FS as a result of being sponsored by a sponsor or nonimmigrant spouse; unless you received an immigrant visa on the basis of family preference.
Where is Form 8857 filed?
Form 8857 is generally filed by the alien in the locality where the alien's primary place of abode is located. The alien must provide the filing location. For any change of residence or foreign country, the alien should use the new address.
Do not use the address designated on Form I-765. If the applicant has left U.S. territory but stayed outside the country for 1 year or more, an address is not required for the entire period of the absence. If the applicant has no address other than the original country of residence, or if there is no current address other than the country of initial residence, it is necessary to file the form for the residence from which the departure began.
When do I need to complete Form 8857?
If you have made any payments from your Social Security check, you need to fill out Form 8857 as soon as possible after you receive the check and before it is paid to you. Once the check has been deposited, it is not considered as income for the year.
You must complete all the fields on Form 8857 by the due date for your tax return.
For information about filing late or failing to file an income tax return, click here.
You do not need to complete Form 8857 if:
You have filed your tax return using the online Filing system.
Furthermore, you can access the Taxpayer Services online service through the “My Account” feature in our Taxpayer Center, or by calling our toll-free IRS consumer assistance line, (voice or TDD).
Furthermore, you have not been required to file by January 31 of the following year. If you plan to get a refund, you can still apply for an extension and avoid a late filing penalty or other penalties.
How To File Form 8857
When you file Form 8857 electronically, you must follow the instructions that apply to your particular situation. Do not complete multiple sheets.
You should not file Form 8857 by hand, unless there is a special circumstance, and you have a computer.
Use this PDF file as a guide and complete the completed Form 8857 fully and accurately. Do not check the boxes, print out the page, and try to use it as a manual, blank page.
If you submit more than one Form 8857 at a time, the instructions are shown in the order that they appear on the filing envelope. Do not check any other boxes.
Click here to download Form 8857
Filing Instructions
To pay the amount due on Form 8857, use the following instructions. If you are filing by check or money order, then enter the full amount of the payment in box 28 of the check or money order. You MUST fill out the “Payment by Check/Money Order” portion of Form 8857 accurately.
To determine the tax due, enter the amount of the non-refundable tax on the last page of Form 8857.
Enter the amount you do not owe on the first page of Form 8857. This is the total tax that must be paid.
Can I create my own Form 8857?
Yes. Form 8857 allows the issuer to submit additional information to a U.S. or foreign government agency as needed to obtain a legal and compliance opinion concerning the transaction.
In addition, if the U.S. or foreign government is investigating or prosecuting a tax or enforcement matter, the issuer can make the Form 8857 available to the government agency to obtain additional information from the issuer.
For Form 8857 to be submitted to the issuer, the issuer must submit in the attached “Agency Reference Number” a letter that specifies why the agency wants the supplemental form. For example, the issuer could request that the government provide the additional information because it has reason to believe the issuer may have violated tax laws or the federal securities laws or engaged in the securities' industry with “deceptive intent.
What should I do with Form 8857 when it’s complete?
You should have: (1) completed Form 8857 by April 1, 2018; and (2) filed an amended Form 8857 that includes all required information by that date. An amended Form 8857 is not needed for an extension request for forms that have already been submitted, so don't have more than one.
Will an agency contact me regarding an extension request?
If you do not complete or file an extension request for an extension request, an agency may contact you to find out if you are working with an attorney during your suspension or not. Please be advised that if you choose to not work with an attorney your request may not be granted.
How do I request an extension from the IRS?
If you are granted a one-time extension of time for the filing of the amended Form 8857 that includes all required information:
1. Complete Form 8857 and return it to the IRS. All required information must be included in the Form 8857. Attach the amended Form 8857 to the original Form 8857.
2. If you are the original filer: Attach all copies of the amended Form 8857 to Forms 8857-Q (for original filers), 8857-SR (for joint filers), and 8903 (for surviving spouses). File the Forms 8857-Q and 8857-SR not later than April 1 of each year for which the request was not granted.
If you are the filer of a deceased individual, the request must be sent to the Social Security Administration, PO Box 778100, Washington, DC 200.
If you are the filer of the spouse of a deceased person, send the requested Form 8857 to the estate of the filer.
How do I get my Form 8857?
If you are eligible, you will receive your Form 8857 by mail, fax, email or the U. S. Postal Service (USPS). Once you receive your Form 8857 you will need to register to vote (complete and return the registration form) within 5 days of the close of registration. Registration is available at the county auditor's office.
My Form 8857 is missing some address information. What should I do?
Your Form 8857 must be completed by a registered voter and include accurate address information. Please go to the instructions' booklet within the form for assistance.
I'm a first time voter because of the Presidential Primary. Can I vote after the primary if I am still registered to vote before the primary?
Yes.
Where can I find the local county clerk's office?
The county clerk's office website provides a list of the county clerks, and also includes links to their website if the phone number on the form is not in English. To locate a local office, you can search on your cell phone and their website, or you can use the county website.
What is the voter registration deadline to vote in the General Election?
The voter registration deadline is the last day of the registration period.
I have lost my voter registration or have misplaced it. How do I update my registration?
After the voter registration deadline, if you are on active duty in the Uniformed Services, you can visit a U.S. Postal Service office or call toll-free at 1-888-ASK-USPS () to update your address on your Active Duty status. You will not be able to submit your voter registration or vote by mail until you present your valid military Identification Card issued by the U.S. Postal Service.
If you are a U.S. citizen registered at an eligible address and do not wish to update your registration as a result of your registration being canceled due to a change in name, please contact the State Elections Office at for assistance.
If you do not wish to update your voter registration information, you can fill out an Accidental Ballot Questionnaire to report your loss, or you can fill out a Voter Registration Application to apply to vote at the next regular General Election.
What documents do I need to attach to my Form 8857?
Fill in your name, address, Social Security number, and other information. If you are requesting a return of a U.S. Treasury Department Form 1099-INT, the name and address should read as follows:
Name — First/Last name — State — Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Address — Street, City, State — Please complete the full address with a full stop (e.g. 123 Main Street, P.O. Box 92950)
Zip Code — Please copy and paste in that portion of the full address.
Payment for return costs & Form 8857 — Payment should be made with a check or money order made payable to “U.S. Treasury.”
I am a former resident of the U.S. My Form 8857 should have expired. What should I do?
We may not currently have a record of your previous use of our services. However, we can still be of assistance. Please complete and submit Form 8857 as instructed prior to making any future requests for this type of federal tax service.
I am a non-resident non-citizen or have a temporary resident status. What is my responsibility?
Your responsibility is to report all income earned in the U.S.; it is illegal for non-U.S. citizens to work in the U.S. Without such income reporting, it is difficult for the I.R.S., the IRS, or any government to determine if you have earned enough in U.S. currency to claim the standard deduction and claim your own exemption. Additionally, the IRS may deny certain forms of U.S. tax reporting for non-citizens or individuals who have temporary resident status, even if the same income has been generated in the foreign country. In order to meet your tax obligations, you should follow the instructions on all forms you receive, and be sure to apply for the proper U.S. tax filing status, including an extension of time to file, and if you believe the form is incorrect, provide us with the original documentation when possible.
I have an invalid Form 8886.
What are the different types of Form 8857?
One of the most common questions I see, and it is the one I get the most, is what is Form 8857, Form 8857? It means the employer has provided you with a Form 1099-MISC, and you are not reporting it on your tax return. In other words, you do not report it on your income tax return. They are called self-employment income, or self-employment taxes. This means if you are a sole proprietor, and you use all of your time and resources for your business and making enough money to support yourself, then you are not required to report their profits, income or loss.
The basic form you will find them on, Form 1099-MISC, is a Miscellaneous Income. The IRS uses this form to collect wages, salaries, and other wages income and expense information. This income is not required to be reported on your income tax return. It is paid by yourself as a self-employed person, not a sole proprietor, but is reported on your Form 1099-MISC.
Do NOT report Form 1099-MISC on your income tax return. Form 1099 is a W-2 form for your company as a Sole Proprietor. In other words, if you use your business for personal income of any kind, and you are a sole proprietor, your business will not report any wages or income from your personal sources on your Form 1099-MISC.
On the Form 1099-MISC form, you will report in box 7 how long you spent working for your business for. This is self-employment hours and days. However, on Form 8857 it is reported in box 11 and is called the “number of days of service.” So for an employee of yours who works 25 hours a week, you are required to report 25 times on Form 8857 for you and another person.
If you are filing as an employee who is self-employed only and not as a sole proprietor, then you must report only the number of hours you have worked in the year (including holidays) in box 11.
What are the main reasons you do not report Form 8857 on your income tax return?
Well, if you are not self-employed, then this is the most common way you do not report Form 8857 on your tax return. However, you must be self-employed for it to be a valid form. It seems to be a very common mistake.
How many people fill out Form 8857 each year?
About 7 million Americans fill out Form 8857, including about 4.5 million Americans aged 16 or older. If an employer doesn't file Form 8971 (the form employers are required to file annually with the U.S. Department of Labor on Form 1095-A) for a child that has an adjusted gross income of less than 40,000 (about 55,000 for a couple) for the calendar year, no income tax will be withheld. If an employer files Form 8971 for a child that has an adjusted gross income of 40,000 or more for the calendar year, the employer will be liable for federal income taxes with respect to that child's income. The U.S. Treasury will charge the employer a penalty for the penalty described earlier, and may also assess double the penalty against the employee or former employee for additional income taxes if the taxpayer has failed to file a required return. (The child may also have to pay back wages earned.) See Exemptions, below, for additional information on this income tax issue.
Example. Employer A has two employees. One is 16 years old and a full-time employee and an employee. The other is 15 years old and a full-time employee. Form 9029 is filed at Employer A for the 2017 calendar year. The Form 9029 for the calendar year is for employment by the Employee. Both employees are in a 16-year-old age group, with the Employee having an adjusted gross income of 40,000 (about 55,000 for a couple). Under the regular filing requirements of Form 8971, Employer A files Form 8971 for the 2017 calendar year, which reflects income taxes withheld for that 16-year-old employee with respect to the Form 8971 for the 15-year-old Employee. Employer A is liable for income taxes on 40,000 of the Employee's income for the 2017 calendar year, and 1,350 (about 1,700 for a couple) for the Additional Federal Insurance Contributions Act (FICA) tax liability for the Employer, because income taxes were withheld.
Exemptions
Employees under age 18 can claim exemptions from withholding, and are not required to file Form 1040.
If you don't have employee withholding information, you may have available Form ETA-1, which indicates that you have paid child tax, earned income, or health insurance tax.
Is there a due date for Form 8857?
How much time do I have to file it? Do I have to list a cause of action in order to receive tax deductions on my Form 8857?
I received Form 8857 to file my 2013 income taxes. It states that I may have to pay a penalty if my nonrefundable Form 8562 cannot be proven to have been received on or before the due date of my return. What about the filing of Form 8857? Am I required to file a return for my nonrefundable Form 8562?
It's time for an update on the 2013 and/or 2014 federal income tax returns. For more information, click here.
Here are several FAQs about IRS Form 8857:
How Can I Get the IRS to Notify Me That I Have to Pay a Penalty for a Nonrefundable Form 8562?
When you need to file an income tax return, file Form 8857, which is called Nonrefundable Refund of Taxes with a Form 8693, if you have received a Form 8562 that requires you to pay a penalty.
What if I File a Multiple/Undeliverable Form 8562?
If you file Form 706 with multiple/undeliverable Forms 8562, you can get the IRS to not notify you that you must pay a penalty if you do not have a copy of Form 8562. To do that, you have to file your return electronically. If you file Form 8693 with multiple/undeliverable Form 8562, you have to mail proof of your proof of income and the IRS does not need your proof of income until they know which proof of income was used.
Do I Have to File a Return for My Nonrefundable Form 8562 to Claim a Tax Deduction on My Tax Return?
Yes. If you file a return, Form 8286, and have no proof of income, you can claim a tax deduction when filing your tax return using a claim of refund.
Why did the IRS send me this letter? Can I change my mailing address and/or phone number?
The IRS sent this letter to you because your nonrefundable Form 8562 is being used by another person to claim a tax deduction and is therefore not eligible for refund under the Internal Revenue Code. You should check your account statements to verify that the nonrefundable Form 8562 was actually used to receive benefits from a tax shelter.
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