Form 8857 Innocent Spouse Relief is an IRS form used by taxpayers to request relief for paying a specific tax liability incurred by his or her spouse. It is usually used to file for the Innocent spouse relief to seek relief from tax returns erroneously filed by the spouse (or ex-spouse).
Naturally, when you file a joint tax return with your spouse, you are obligated to pay for the tax incurred by both of you as with the benefits of filing jointly.
But since the concept of joint tax returns also comes with a downside such as your spouse misusing this scenario and incurring more tax liabilities than you can handle.
You can request for Innocent Spouse Relief which can be applied by filing the Form 8857.
You can also file the Innocent Spouse relief if you are a resident of a community property state and did not file a joint Federal income tax and therefore believe you should not be held responsible for the tax related to an item of community income.
Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
There are circumstances when you are not allowed to file form 8857 for Innocent Spouse relief. They include:
You should file this form as soon as you are made aware of the tax liability which you believe your spouse to be held responsible for and not you. There are two ways you may become aware of this liability:
Remember you have no later than two years deadline to file this form from the moment you are first notified or first attempt to collect the tax.
Many other situations may either shorten other than lengthen the actual meaning of the two-year gap. These are collection activities and include circumstances such as:
What can filing for Innocent Spouse Relief accomplish?
The following are examples of erroneous items.
Do not file the form 8857 with your tax return or the tax court. It must be mailed to these addresses:
Internal Revenue Service
P.O. Box 120053
Covington, KY 41012
Internal Revenue Service
201 W. Rivercenter Blvd., Stop 840F
Covington, KY 41011
You can also fax the form and attachments to the IRS at 855-233-8558.
Note:You will not receive a confirmation from the IRS that they received your form 8857. You should rather contact the IRS 4-6 weeks after sending out the form.
The IRS is duty-bound to contact your spouse of this development. There are no exceptions to this rule, even victims of spousal abuse or domestic violence. The reason why your spouse will be informed is to allow your spouse to participate in the process.
If you or someone you know thinks that he/she is eligible for a claim of Innocent Spouse Relief or any other Tax Liability issue now would be a great time to come in and let us help you resolve the issue. I can be contacted at (212) 320-8191 or by email at firstname.lastname@example.org.
Urgent Tax Services
6009 16th Ave,
Brooklyn, NY 11204
Ph. (212) 320-8191
Fax (646) 626-6447