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Innocent spouse statement of disagreement Form: What You Should Know

You must attach a copy of Forms U.S. Tax Court and Form SSA 888.pdf, as well as a Notice to Employer (Form W-4) on each page of the document. (Note: Forms W-4 and W-5 are also acceptable forms.) The IRS sends the form to you by mail, typically within 10 days. The forms can also be downloaded online. If you have  multiple claims from multiple IRS employees or taxpayers for tax fraud or refund fraud related to the same claim, submit only one Form CT-8857. Your filing will be expedited, but your other claims might not. If you are  married with children who will be born after June 16, 2017, your claims must be filed within one year of the date of the application. If you do not file Form CT-8857 within one year, the notice will be sent to all of your employers and the IRS will be given only two years to consider your request. (The filing deadline is the earlier of the filing dates shown on the form or two years from when you file Form CT-8857. If you do not use this form to request a refund by July 18, 2021, your application will be rejected and the IRS will require you to file another Form 8888.pdf.) The IRS asks you three questions in determining your innocence: Did you receive any tax benefit that was not provided to you by law, regulation, or order of the IRS? What is your role in the scheme to defraud the IRS or your employer? How was the payment of your tax benefit obtained? If the answer to all three questions is “Yes,” you are not liable for any taxes, penalties, or interest in connection with your claim for innocent spouse relief. You can ask the IRS to take action against a taxpayer, to reduce or eliminate tax liability, or to refund all the payment that was incorrectly made. You cannot ask the IRS to reduce your claim for innocent spouse relief. However, you can ask the IRS to take action against a company that provided payment for certain employment taxes. If you did not receive a benefit that the IRS paid to you, then you would need to request a refund or credit. You may need to file a separate Form IT-5, Request for Reduced Claim For Refund.

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