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what conditions make a taxpayer ineligible for separation of liability

what conditions make a taxpayer ineligible for separation of liability
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Answer #1

When a tax payer is unable to pass the rule of innocent spouse rule, then he or she becomes ineligible for the separation of liability. Under this rule, If the spouse has:

1. The knowledge of the error while filing a joint income tax return and did not act upon that.

2.  A good understand of the tax responsibility if a joint tax return is filed.

3. Unable to convince the IRS that spouse deserves the separation of liability

4. Unable to apply for the relief within 2 years after IRS has initiated the proceedings to collect the remaining tax amount

Besides, if spouse has not filed a form 8857, then also he or she becomes ineligible for the separation of tax liability.


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