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Printable Form 5495 Long Beach California: What You Should Know
Form 5495 one certified copy of the death certificate of your spouse who has died. Your spouse who has died will be listed as “Other Person” on the return. A copy of the death certificate is not required of a surviving spouse or person entitled to file under IRM 188.8.131.52.1.3.13, Death Certificates, and is not a basis for processing a request for the discharge of personal liability under Internal Revenue Code section 2204 or 7055, or Section 6011 to 6015, except for certain individuals. However, to obtain a discharge of personal liability under IRC section 2204 or to avoid the effect of section 7606(a) of the IRC, you will require a copy of the death certificate to attach to Form 5495. You must mail the request to the address of the appropriate Service Center for all tax liabilities and debts that were incurred prior to the death of your spouse. The form must be received by the appropriate Service Center within the specified time period of 30 days (3 months) after the death of a surviving spouse. All income tax withheld by the individual on a Form 1040, line 18, and refunded tax or nonrefundable credits on a Form 1040ES (IRS Information Return due) to an individual, trust, or partnership shall be credited toward the liability if the individual's estate is taxable by the federal government by reason of being an individual taxpayer (i.e., tax withheld or credits otherwise credited to an individual taxpayer), or by reason of being part of a group of individuals that constitutes an individual taxpayer under IRC section 6013. To obtain a discharge from personal liability under IRC section 6050P for the death of a surviving spouse, the deceased's estate must be taxable by the federal government at the estate tax rates prescribed in IRC section 6013. All information must be received by the applicable State Tax Agency within the specified time period specified in the State's statute. The time period generally is 30 days. If you are requesting a discharge of property interests, such as property the deceased owned or controlled, which were not received by the appropriate State Tax Agency within the time period specified by the applicable State statute, you must notify the appropriate Tax Examiners. Additional Requirements This information must be sent to the appropriate office specified by your request and must also include a statement of the type of information to be provided. If your spouse has served you with a divorce decree, he or she may also be listed.
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