Form It-285 - Request For Innocent Spouse Relief (And Separation Of Liability And Equitable Relief) Form

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IT-285
New York State Department of Taxation and Finance
Request for Innocent Spouse Relief
(4/05)
(and Separation of Liability and Equitable Relief)
Important: Do not file this form with your income tax return. See Where to file below.
Your first name and middle initial
Your last name
Your social security number
Mailing address (number and street or rural route)
Apartment number
City, village, or post office
State
ZIP code
Daytime phone number
Evening phone number
(
)
(
)
Do not file this form if all or part of your overpayment 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 overpayment be refunded to you.
Part I
If you have been a victim of domestic abuse and fear that filing a claim for innocent spouse relief will result
in retaliation, mark an X here
.........................................................................................................................................
(see instructions)
1 Are you requesting relief from a liability that resulted from a jointly filed return?
Yes
Go to line 2.
No
Stop. You cannot file Form IT-285.
2 Enter the tax year(s) for which you are requesting relief from liability for tax. (Form IT-285 can be
used only for tax years beginning on or after January 1, 1999. For relief from a joint liability for
prior years, see General instructions.) ........................................................................................................ 2
3 Enter the assessment number(s) (if any)........................................................................................................ 3
4 Information, if known, about your spouse (or former spouse) to whom you were married at the end of the year(s) on line 2.
First name and middle initial
Last name
Social security number
Mailing address (number and street or rural route)
Apartment number
City, village, or post office
State
ZIP code
Daytime phone number
Evening phone number
(
)
(
)
5 Did you receive relief of a joint federal tax liability from the Internal Revenue Service (IRS) for the same tax year?
Yes
No
Attach documentation. Go to line 6.
Go to line 6.
6 Do you have an understatement of tax (the Tax Department has determined there is a difference between the tax shown on your
return and the tax that should have been shown)?
Yes
No
Go to line 7.
Go to line 13.
Part II Innocent spouse relief
7 Is the understatement of tax due to the erroneous items of your spouse (
)?
see instructions
Yes
Go to line 8.
No
Go to line 9.
8 Did you know, or have reason to know, that the understatement of tax existed (or the extent to which the understatement existed)?
Yes
No
You do not qualify for innocent spouse relief
You may request innocent spouse relief by
or separation of liability. Go to line 13.
attaching a statement
Go to line 9.
(see instructions).
Where to file
:
Generally, you should send this form to: NYS Department of Taxation and Finance, PO Box 5120, Albany NY 12205-0120. But, if you are
meeting with a Department of Taxation and Finance employee, or you received a notice of deficiency, or you are using a private delivery service, see instructions.
If you would like the Tax Department to correspond with your representative, you must complete and attach Form POA-1, Power of Attorney.
 Paid preparer’s use only 
 Taxpayer(s) sign here 
Preparer’s signature
SSN or PTIN:
Your signature
Firm’s name (or yours, if self-employed)
Employer identification number
Date
Address
Mark an X if
Daytime phone number (optional)
self-employed
Date
Keep a copy of this form for your records.
Please file this original scannable
2851050094
form with the Tax Department.

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