Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse neglected to report income, reported income inaccurately or claimed wrong deductions or credits.
There are three kinds of relief from joint and several liability for spouses who submitted joint returns. Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income inaccurately or claimed incorrect deductions or credits without your knowledge. You might be relieved of your obligation for paying taxes if your spouse (or former spouse) incorrectly reported or left out things on your tax return.
Request for Innocent Spouse Relief is an Internal Revenue Service (IRS) tax form used by taxpayers to request relief from a tax obligation involving a spouse or former spouse. It's filed with Form 8857. Usually, partners submitting a joint tax return are both, jointly, liable for any tax obligation. When additional taxes from unreported income and inaccurate deductions or credits arise, both spouses will continue to be liable, even if they have separated.
Getting a separation doesn't prevent the IRS from considering that both parties maintain joint and several liability for a tax obligation, even if a divorce mandate mentions that just one individual is responsible for the tax. According to the IRS, if there is a balance due, a spouse or ex-spouse normally has to submit Form 8857 within the time period the IRS has to collect the tax. That period is typically ten years from the date the tax obligation was analyzed. In the case of a credit or return, you typically need to file your request within three years after the date the first return was filed or within two years after the date the tax was paid, whichever is later.
Who Can Submit Form 8857: Request for Innocent Spouse Relief?
The taxpayer looking for relief has to submit Form 8857: Request for Innocent Spouse Relief as soon as they become aware of a tax responsibility for which the other spouse or ex-spouse must be solely liable. However, the declaration of Form 8857 does not ensure the requesting taxpayer will qualify for relief. A few of the qualifications include:
If a taxpayer gets the notice of rejection of their request, they have the option to appeal the decision.
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