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Get the free Request for Innocent Spouse Relief and Separation of Liability and Equitable Relief

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This form is used to request relief from tax liability, including penalties and interest, on behalf of a spouse or former spouse. It provides various types of relief, including separation of liability,
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How to fill out request for innocent spouse

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How to fill out Request for Innocent Spouse Relief and Separation of Liability and Equitable Relief

01
Obtain Form 8857 from the IRS website or your local IRS office.
02
Carefully read the instructions provided with the form.
03
Fill in your personal information accurately, including your name, address, and taxpayer identification number.
04
Indicate your marital status at the time of the tax return in question.
05
Provide details about the specific tax year or years for which you are requesting relief.
06
Answer all questions honestly, including the reasons why you believe you qualify for relief.
07
Attach any supporting documentation that corroborates your claims, such as financial records or evidence of abusive treatment.
08
Sign and date the form, confirming that all information is correct to the best of your knowledge.
09
Mail the completed form to the appropriate IRS address as listed in the instructions.

Who needs Request for Innocent Spouse Relief and Separation of Liability and Equitable Relief?

01
Individuals who filed a joint tax return with an ex-spouse or current spouse and believe they should not be held responsible for tax liabilities due to inequitable circumstances.
02
Taxpayers who were misled or coerced by their spouse regarding tax obligations.
03
Individuals experiencing financial hardship or abuse from their spouse during the tax filing process.
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People Also Ask about

Innocent spouse relief protects you if your spouse has outstanding tax liability that you were unaware of. This occurs when your spouse misreports taxes without your knowledge.
Injured spouse relief is different from innocent spouse relief and you cannot request it by filing Form 8857. You must file Form 8379. For example, if you check "Yes" on line 1 and "Yes" on line 2, you will have to file both Forms 8857 and 8379.
Innocent Spouse Relief is a tax provision under the Internal Revenue Code (IRC) 6015 that allows individuals to be relieved of responsibility for paying taxes, interest, and penalties if their spouse (or former spouse) improperly reported or omitted items on their joint tax return.
Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.
According to the New York State Department of Taxation and Finance, "The Military Spouses Residency Relief Act provides certain tax relief for spouses of service members (military spouses) who are present in a state solely to be with the service member when the service member is in that state in compliance with his or
Innocent spouse relief provides individuals who filed joint returns relief from liability for additional taxes owed when their spouse or former spouse filed a fraudulent or incorrect return either by failing to report income, reporting income improperly, or claiming improper deductions or credits.

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The Request for Innocent Spouse Relief allows an individual to request relief from joint tax liability on a joint tax return if they can prove they were unaware of the tax understatement or other issues caused by their spouse. Separation of Liability and Equitable Relief provides options for taxpayers to separate their liability for tax owed and to seek relief based on fairness in situations where the tax liability is due to the actions of one spouse.
Any taxpayer who filed a joint return and believes they deserve relief from joint liability due to factors like lack of knowledge of inaccuracies, fraud by the spouse, or if it would be unfair to hold them liable for the tax can file the request.
To fill out the request, taxpayers must complete IRS Form 8857, providing details about their income, tax situations, and the nature of the claim for relief. They should follow the instructions provided on the form and ensure they include all necessary documentation to support their claim.
The purpose is to protect individuals from being held financially responsible for tax debts incurred by their spouse or ex-spouse without their knowledge, especially when the tax issues are unrelated to their own financial activities.
The request must report personal information of both spouses, the joint tax return details, an explanation of why the requesting spouse should not be held liable for the tax owed, financial information including income and expenses, and any supporting documentation that can substantiate their claim for relief.
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