Get the free Form 8857

This publication explains the rules to qualify for and claim relief from tax liability under the Innocent Spouse provisions. It includes information on how to request relief, eligibility criteria,

How to fill out form 8857

How to fill out Form 8857

1. Obtain Form 8857 from the IRS website or your local IRS office.
2. Provide your name, Social Security Number, and other identifying information in the top section.
3. Indicate your filing status for the tax year in question.
4. Answer the questions about the joint return and the spouse's income and tax liability.
5. Explain why you believe you should be relieved from joint tax liability in the provided narrative section.
6. Gather any necessary documents that support your claim, such as tax returns, W-2s, or other financial records.
7. Review your completed form for accuracy and ensure all required fields are filled out.
8. Sign and date the form at the bottom.
9. Mail the completed form to the appropriate address listed in the form instructions.

Who needs Form 8857?

1. Individuals who filed a joint tax return with a spouse and believe they should not be held responsible for the tax due, often due to circumstances such as fraud or an inequitable tax burden.
2. Taxpayers who need to seek relief under the Innocent Spouse provisions.

People Also Ask about

What is the IRS form 8857 used for?

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.

Can form 8857 be filed electronically?

Complete all the forms and save each; the Form 8857 will be e-filed with your Tax Return, due Tax Day or by the October e-file deadline. The form will be added to your return as you complete information and it will be e-filed via your eFile account with your return.

Can form 8857 be filed electronically?

We'll review your request and contact your spouse or former spouse to ask if they want to participate in the process. We may take up to 6 months or longer to review your request. While you wait, continue to file and pay your taxes as usual.

How long does an injured spouse form take to process?

Generally: If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks. If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

How long does it take to process form 8857?

The IRS typically takes up to six months to process Form 8857 requests. They will review your request and accompanying information to make a preliminary determination. Factors such as case complexity and the need for additional information can influence processing time.

How long does it take to process form I751?

Complete all the forms and save each; the Form 8857 will be e-filed with your Tax Return, due Tax Day or by the October e-file deadline. The form will be added to your return as you complete information and it will be e-filed via your eFile account with your return.

Can the IRS come after my wife for my debt?

If the debt is from joint returns you filed together when married, the IRS can collect from either spouse even after the divorce. The IRS can collect from whomever has money, they don't have to collect 50/50 or honor your divorce agreement.

For pdfFiller’s FAQs

What is Form 8857?

Form 8857 is a form used to request innocent spouse relief under Internal Revenue Code section 6015. It is designed to help individuals who believe they should not be held responsible for tax liabilities owed by their spouse or former spouse.

Who is required to file Form 8857?

Any individual who feels they are entitled to innocent spouse relief due to erroneous tax reporting, unpaid taxes, or other issues caused by their spouse or former spouse can file Form 8857. This includes those who have filed a joint tax return.

How to fill out Form 8857?

To fill out Form 8857, individuals need to provide personal identification information, details about the joint tax return in question, the reasons for requesting relief, and any relevant financial information. It's essential to follow the instructions provided with the form carefully.

What is the purpose of Form 8857?

The purpose of Form 8857 is to allow taxpayers to request relief from joint tax liability when they can prove that they are not responsible for their spouse's tax issues. It aims to provide protection to innocent spouses from unfair tax burdens.

What information must be reported on Form 8857?

Form 8857 requires reporting personal data, details regarding the joint tax return (including the tax year), reasons for seeking relief, and financial information that demonstrates the taxpayer's current financial status and ability to pay.