Form 8857

What Is Form 8857: Request for Innocent Spouse Relief?

Form 8857: Request for Innocent Spouse Relief is an Internal Revenue Service (IRS) tax form utilized by taxpayers to request relief from a tax liability including a spouse or former spouse. Generally, couples filing a joint tax return are both, jointly, responsible for any tax obligation. At the point when extra taxes from unreported income and erroneous deductions or credits become visible, the two partners will stay responsible, even assuming they have divorced.

Getting a divorce doesn't stop the IRS from thinking about that the two players hold joint and several liability for a tax obligation, even assuming a divorce decree states that only one party is responsible for the tax. As indicated by the IRS, on the off chance that there is a balance due, a spouse or ex-spouse generally must file Form 8857 inside the time span the IRS needs to collect the tax. That period is generally a long time from the date the tax liability was assessed. On account of a credit or refund, you generally must file your request in no less than 3 years after the date the original return was filed or in something like 2 years after the date the tax was paid, whichever is later.

Who Can File Form 8857: Request for Innocent Spouse Relief?

The taxpayer seeking relief ought to file Form 8857: Request for Innocent Spouse Relief when they become aware of a tax obligation for which the other spouse or ex-spouse ought to be exclusively responsible. Nonetheless, the filing of Form 8857 doesn't guarantee the requesting taxpayer will meet all requirements for relief. A portion of the capabilities include:

• Filing a joint return with a understatement of tax.
• Tax due to a spouse's erroneously listed income or deductions
• The determination that it is unfair to hold the requesting taxpayer obligated for the misrepresentation of reality

On the off chance that a taxpayer receives notice of denial of their request, they have the option to appeal the decision.

File the form when you figure out that there is a tax liability that has a place with your spouse or former spouse.

Step by step instructions to File Form 8857: Request for Innocent Spouse Relief

There are stages a taxpayer should take in the event that they are seeking relief. First, they ought to file the form when they figure out that there is a tax liability that has a place with the spouse or former spouse. As a rule, the IRS will send notice of this tax obligation.

Since July 25, 2011, the IRS expanded the amount of chance to request equitable relief. Nonetheless, the taxpayer ought to submit Form 8857 when they become aware of the disparity, even on the off chance that they don't have the required documentation promptly accessible. Likewise, when a taxpayer requests relief through Form 8857, the spouse or ex-spouse will receive notice of the pending request. Taxpayers ought to additionally comprehend it could require as long as six months to get a determination from the IRS subsequent to filing.

You can mail or fax your completed form to the IRS.

Download Form 8857: Request for Innocent Spouse Relief

Access here a downloadable copy of Form 8857: Request for Innocent Spouse Relief.

Features

• Depending on whether a balance due or a refund is being requested, a spouse or former spouse generally has 10 years or three years to file Form 8857, individually
• The taxpayer seeking relief ought to file Form 8857 when they become aware of a tax obligation.
• Taxpayers can request relief from a tax liability including a spouse or former spouse.