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ZIP code Daytime phone number ( ) Apartment number Evening phone number ( ) Important notes: Do not file this form if all or part of your share of a joint refund was (or is expected to be) applied against your spouse s past-due debt (such as child support). Instead, use Form IT-280, Nonobligated Spouse Allocation, to request that your share of the joint refund be refunded to you. By law, the Tax Department must contact the person who was your spous.

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How to fill out the Form It 285 online

The Form IT-285 is a crucial document for those seeking innocent spouse relief from joint tax liabilities. This guide aims to assist users in completing the form accurately and effectively, ensuring all necessary information is provided for the New York State Department of Taxation and Finance.

Follow the steps to accurately fill out the Form It 285 online.

  1. Press the ‘Get Form’ button to access the form and open it in the editor.
  2. Provide your first name and middle initial in the designated field.
  3. Enter your last name as it appears on legal documents.
  4. Fill in your social security number to verify your identity.
  5. Complete your mailing address, including the street number and name, city, state, and ZIP code.
  6. Include your daytime phone number, ensuring it is accurate for any follow-up communication.
  7. If applicable, add your apartment number in the specified field.
  8. If you have an evening phone number, fill it in to provide an additional contact option.
  9. Respond to the first question about your request for relief, marking an 'X' in the appropriate box to indicate if you are seeking relief from joint liability.
  10. Specify the tax year(s) for which you seek relief from liability, ensuring they follow the required guidelines.
  11. In the explanation box, provide a thorough statement as to why you believe you qualify for relief, attaching any necessary supporting documentation.
  12. If known, fill in the information about your spouse or former spouse, including their name, social security number, and contact information.
  13. Indicate your current marital status with respect to the person listed in the previous step, selecting the appropriate option.
  14. Describe your involvement in household finances by marking all applicable options regarding financial management and provide any explanations as necessary.
  15. Answer how you participated in preparing tax returns by marking all relevant options and providing any required explanations.
  16. Respond to questions about whether you were aware of any tax amounts due when you signed your tax returns and provide the necessary explanations.
  17. Complete questions regarding filing federal Form 8857 and attach any required documentation if applicable.
  18. For the allocation of items between spouses, complete the necessary sections for each tax year and attach any required forms.
  19. Finally, review your completed form, save any changes, and prepare to download, print, or share the form as necessary.

Complete your Form IT-285 online today for accurate and efficient processing.

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Purpose of Form A taxpayer may use Form 285 to authorize the department to release confidential information to the taxpayer's Appointee. The department may have to disclose confidential information to fully discuss tax issues with, or respond to tax questions by, the Appointee.

Taxpayers file Form 8857 to request relief from tax liability, plus related penalties and interest, when they believe only their spouse or former spouse should be held responsible for all or part of the tax.

If the joint return was for a tax year beginning on or after January 1, 1999, you must file Form IT-285 to request relief from the liability and related penalty and interest. If you are requesting relief for more than one tax year, you only need to file one Form IT-285.

You may request innocent spouse relief if: You filed a joint return with your spouse. Your taxes were understated due to errors on your return. You didn't know about the errors.

If you are requesting relief for more than one tax year, you only need to file one Form IT-285. There are three types of relief: innocent spouse relief, separation of liability, and equitable relief. An explanation of each type of relief is given on page 2. See Publication 89, Innocent Spouse Relief, for more details.

Fill out IRS Form 8857 (copies on the internet at .irs.gov). Attach a letter saying why you should get Innocent Spouse Relief. Put your name and Social Security number on the letter. Don't file IRS Form 8857 with your income tax return. Mail it in a separate envelope.

You may request innocent spouse relief if: You filed a joint return with your spouse. Your taxes were understated due to errors on your return. You didn't know about the errors.

Fill out IRS Form 8857 (copies on the internet at .irs.gov). Attach a letter saying why you should get Innocent Spouse Relief. Put your name and Social Security number on the letter. Don't file IRS Form 8857 with your income tax return. Mail it in a separate envelope.

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