Form 200 - Request For Innocent Spouse Relief And Separation Of Liability And Equitable Relief Page 4

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Form 200
On line 5, enter the current name and SSN of the person to
Signed Under Duress
whom you were married at the end of the year(s) listed on
You are considered to have signed under duress (threat of
line 1. If the name of your spouse (or former spouse) shown
harm or other form of coercion) if you were unable to resist
on that year’s tax return(s) is different from the current
demands to sign the return and you would not have signed
name, enter it in parentheses after the current name. For
the return except for the constraint applied by your spouse or
example: Joan Oak (formerly Joan Pine). Enter the current
former spouse. The duress must be directly connected with
address and phone number if you know it.
the signing of the joint return.
Lines 6 through 10 -
Part IV - Your Current Financial Situation
Answer questions 6 through 10.
Lines 18 through 20 -
Part III - Your Financial and Return
Answer questions 18 through 20.
Preparation Involvement
Sign Form 200 -
Lines 11 through 17 -
Sign Form 200 in the space provided. We cannot consider
Answer questions 11 through 17.
your Form 200 if you do not sign it. If you do not sign it, we
will return it to you. Also be sure to date it.
By law, if a person’s name is signed to a return, it is
presumed to be signed by that person. You must prove that
Paid Preparer Must Sign Form 200 -
your signature on the joint return was forged or that you
Anyone that you pay to prepare Form 200 for you must sign
signed under duress (threat or harm or other form or
the Form 200 in the space provided. The preparer must give
coercion). Attach a statement explaining why you believe
you a copy of the completed Form 200 for your records.
your signature was forged or you signed under duress.
Someone who prepares Form 200 but does not charge you
Forged Signature
should not sign Form 200.
Your signature on a joint return is considered to be forged if
it was not signed by you and you did not authorize (give
tacit consent) the signing of your name to the return.
Tacit Consent
Tacit consent means that, based on your actions at the time
the joint return was filed, you agreed to the filing of the joint
return. You may be considered to have given tacit consent if
any of the following apply;
You gave tax information (such as Forms W-2 and
1099) to your spouse.
You did not object to the filing.
You did not have a valid reason to refuse to file
jointly.
There was an apparent advantage to you in filing a
joint return.
We will also consider whether you filed joint returns with
your spouse or former spouse in prior years and whether you
filed a separate income tax return for that year.
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