Get the free Form 8857

This form is used to request relief from joint tax liability for individuals who filed joint returns but believe they should not be held responsible for the tax owed by their spouse or former spouse.

How to fill out form 8857

How to fill out Form 8857

1. Obtain Form 8857 from the IRS website or local IRS office.
2. Fill out your personal information including your name, address, and Social Security number.
3. Provide details about your spouse or former spouse, if applicable, including their name and Social Security number.
4. Indicate the tax year(s) for which you are requesting relief.
5. Complete Part I, which includes information regarding your tax liability and the reasons you believe you qualify for relief.
6. In Part II, provide detailed information about your marital status during the tax year and any financial support you provided or received.
7. Sign and date the form at the bottom of page 2.
8. Submit the completed Form 8857 to the IRS by mail or electronically, as per the instructions.

Who needs Form 8857?

1. Individuals who have jointly filed taxes with a spouse and believe they are entitled to relief from joint liability.
2. Taxpayers who feel that they should not be held responsible for tax owed due to their spouse's erroneous or fraudulent actions.
3. Those who have been divorced or separated and are seeking to claim relief from joint tax liability.

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 by individuals to request relief from joint and several liability on a joint tax return.

Who is required to file Form 8857?

Any individual who filed a joint tax return and believes they are entitled to relief from joint liability due to issues such as incorrect reporting or fraud by their spouse may file Form 8857.

How to fill out Form 8857?

To fill out Form 8857, you need to provide your identification information, details about the joint tax return, and explain why you believe you should be relieved of the tax liability. Make sure to read the instructions carefully before completing the form.

What is the purpose of Form 8857?

The purpose of Form 8857 is to allow a taxpayer to seek relief from being held responsible for tax liabilities incurred during a joint return with a spouse, especially in cases of inequitable circumstances.

What information must be reported on Form 8857?

Form 8857 requires your personal information, details about the joint tax return, specific liability in question, any supporting documentation, and a statement explaining why you deserve relief.