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Tag Archive for Form 8857

Married Same-Sex Couples – FICA Guidance – Part II

TaxConnections Blog Post - Additional Guidance on Federal Tax Laws for Same-sex couplesGeneral Conditions for Relief

Eligibility for equitable relief. A requesting spouse must satisfy all of the following threshold conditions to be eligible to submit a request for equitable relief under Section 6015(f). With the exception of conditions (1) and (2), a requesting spouse must satisfy all of the following threshold conditions to be eligible to submit a request for equitable relief under Section 66(c). The Service may relieve a requesting spouse who satisfies all the applicable threshold conditions set forth below of all or part of the income tax liability under Section 66(c) or Section 6015(f) if, taking into account all the facts and circumstances, the Service determines that it would be inequitable to hold the requesting spouse liable for the income tax liability. The threshold conditions are as follows:

(1) The requesting spouse filed a joint return for the taxable year for which he or she seeks relief.

(2) Relief is not available to the requesting spouse under Section 6015(b) or (c).

(3) The claim for relief is timely filed:

(a) If the requesting spouse is applying for relief from a liability or a portion of a liability that remains unpaid, the request for relief must be made on or before the CSE). The CSED is the date the period of limitation on collection of the income tax liability expires, as provided in Section 6502. Generally, that period expires 10 years after the assessment of tax, but it may be extended by other provisions of the IRC. Read more

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