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Form 8857 is used to request relief from liability for tax, penalties, and interest that should be paid solely by your spouse or former spouse. This form is applicable for individuals who have filed
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How to fill out form 8857 - irs

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How to fill out Form 8857

01
Obtain Form 8857 from the IRS website or your tax professional.
02
Provide your personal information, including your name, social security number, and address.
03
Indicate the tax year(s) for which you are requesting innocent spouse relief.
04
Explain your relationship to your spouse or former spouse.
05
Complete the section that details the tax liability you believe is attributable to your spouse.
06
Provide any information regarding your current financial situation, such as income and expenses.
07
Sign and date the form to certify the information is true and complete.
08
Submit the form to the address specified in the IRS instructions for Form 8857.

Who needs Form 8857?

01
Individuals who filed a joint tax return and believe they should not be held liable for the tax due because their spouse omitted income or claimed improper deductions.
02
Those who qualify for innocent spouse relief, which helps protect them from additional tax liabilities that are solely attributable to their spouse.
03
Taxpayers who are divorced or legally separated from their spouse at the time of filing Form 8857.
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People Also Ask about

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.
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.
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.
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.
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.
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.
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.

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Form 8857, also known as the Request for Innocent Spouse Relief, is a form used by individuals to request relief from joint tax liability when they believe they should not be held responsible for unpaid taxes reported on a joint tax return.
Any individual who was married and filed a joint tax return may file Form 8857 to seek relief from the tax liability due to circumstances such as lack of knowledge of the tax debt, fraud by a spouse, or other circumstances that justify innocent spouse relief.
To fill out Form 8857, you must provide your personal information, details about your marriage, and the joint tax return in question. The form includes sections to explain why you believe you qualify for relief and to provide supporting information or documentation.
The purpose of Form 8857 is to allow taxpayers to request relief from joint tax liabilities that they believe should not fall upon them due to their spouse's actions or the circumstances of their marriage.
Form 8857 requires reporting personal details such as your name, address, Social Security number, and your spouse's information. You must also provide the tax years for which relief is sought, along with a description of the facts or circumstances that support your claim for relief.
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