Innocent Spouse Relief

What is Innocent Spouse Relief?

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.

There are three types of relief from joint and several liability for spouses who filed 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 improperly or claimed improper deductions or credits without your knowledge. You may be relieved of your responsibility for paying taxes if your spouse (or former spouse) improperly reported or omitted items on your tax return.

Request for Innocent Spouse Relief is an Internal Revenue Service (IRS) tax form utilized by taxpayers to request relief from a tax liability involving a spouse or former spouse. It’s filed with Form 8857. Normally, couples submitting a joint income tax return are both, jointly, responsible for any type of tax obligation. When additional taxes from unreported income and also wrong deductions or credits emerge, both partners will continue to be accountable, even if they have separated.


Obtaining a separation doesn't stop the IRS from considering that both parties keep joint and numerous liability for a tax obligation, even if a divorce mandate mentions that just one party is responsible for the tax. According to the IRS, if there is a balance due, a spouse or ex-spouse usually has to file Form 8857 within the time period the IRS has to accumulate the tax. That duration is usually one decade from the date the tax liability was examined. In the case of a credit or return, you typically should file your request within 3 years after the day the initial return was filed or within 2 years after the day the tax was paid, whichever is later on.


Exactly Who Can Submit Form 8857: Request for Innocent Spouse Relief?

The taxpayer seeking relief must submit Form 8857: Request for Innocent Spouse Relief as quickly as they become aware of a tax responsibility for which the various other spouses or ex-spouse must be exclusively liable. Nevertheless, the declaration of Form 8857 does not assure the asking taxpayer will qualify for relief. A few of the qualifications consist of:


  • Submitting a joint return with an understatement of tax.
  • Tax as a result of a spouse's incorrectly listed earnings or deductions
  • The decision that it is unfair to hold the requesting taxpayer responsible for the understatement


If a taxpayer gets the notice of rejection of their request, they have the choice to appeal the choice.

There are more qualifications but let us help you with that. Give us a call today at 800.987.3051 and we can start to take a look at your tax situation. 



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