Form Rev. January 2014 Department of the Treasury Internal Revenue Service 99 Request for Innocent Spouse Relief OMB No. 1545-1596 Information about Form 8857 and its separate instructions is at www.irs.gov/form8857. Cat. No. 24647V Daytime phone number between 6 a.m. and 5 p.m. Eastern Time Form 8857 Rev. 1-2014 Page 2 Note. Do either of the paragraphs above describe your situation Yes. You should file this Form 8857. Go to question 2. No. Go to question 3 if you answered Yes to question 1. If...you answered No to question 1 do not file this form. If you determine you should file this form enter each tax year you want innocent spouse relief. It is important to enter the correct year. Part I Should you file this form Generally both you and your spouse are responsible jointly and individually for paying any tax interest or penalties from your joint return. If you believe your current or former spouse should be solely responsible for an erroneous item or an underpayment of tax from your...joint tax return you may be eligible for innocent spouse relief. Innocent spouse relief may also be available if you were a resident of a community property state see list of community property states in the instructions and did not file a joint federal income tax return and you believe you should not be held responsible for the tax attributable to an item of community income. County Best or safest daytime phone number between 6 a.m. and 5 p.m. Eastern Time Who was your spouse for the tax years...you want relief File a separate Form 8857 for tax years involving different spouses or former spouses. Additionally if you prefer to provide this information orally check the Yes box on line 10. If you were or are now a victim of domestic violence or spousal abuse by the person on line 5 the IRS will consider the information you provide in this part to determine whether to grant innocent spouse relief. However the IRS is required by law to notify the person on line 5 that you requested this...relief. There are no exceptions to this rule. Answers are not the same for all tax years explain. Did not know. Explain 8857 Rev. 1-2014 Page 4 For the years you want relief how were you involved in the household finances Check all that apply. Important things you should know Do not file this form with your tax return* See Where To File in the instructions. Review and follow the instructions to complete this form* Instructions can be obtained at www*irs*gov/form8857 or by calling...1-800-TAX-FORM 1-800-829-3676. While your request is being considered the IRS generally cannot collect any tax from you for the year s you request relief* However filing this form extends the amount of time the IRS has to collect the tax you owe if any for those years. The IRS is required by law to notify the person on line 5 that you requested this relief* That person will have the opportunity to participate in the process by completing a questionnaire about the tax years you enter on line 3....This will be done before the IRS issues preliminary and final determination letters. The IRS will not disclose the following information your current name address phone numbers or employer.
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Instructions and Help about IRS 8857
How to edit IRS 8857
How to fill out IRS 8857
Instructions and Help about IRS 8857
How to edit IRS 8857
Editing IRS 8857 requires careful handling to ensure all information is accurate. Using tools like pdfFiller can facilitate this process by allowing users to make changes easily without losing prior entries. Simply upload your existing copy of IRS 8857 to pdfFiller, and utilize editing tools to correct any mistakes or fill in missing information.
How to fill out IRS 8857
Filling out IRS 8857, also known as the Request for Innocent Spouse Relief, involves several steps. First, gather necessary personal information, including a social security number, income details, and the relevant tax year information. Next, complete each section of the form accurately, ensuring you provide explanations for your claims. Finally, review the entire form for accuracy before submission.
Latest updates to IRS 8857
Latest updates to IRS 8857
IRS 8857 recently received updates to improve clarity on filing requirements and to streamline the process for taxpayers seeking relief. These updates include enhanced instructions and better-defined eligibility criteria. It is important to stay informed on any changes, as they can impact filing procedures and required documentation.
All You Need to Know About IRS 8857
What is IRS 8857?
What is the purpose of this form?
Who needs the form?
When am I exempt from filling out this form?
Components of the form
What are the penalties for not issuing the form?
What information do you need when you file the form?
Is the form accompanied by other forms?
Where do I send the form?
All You Need to Know About IRS 8857
What is IRS 8857?
IRS 8857 is a form used by individuals to request relief from joint tax liabilities. Designed for spouses who believe they should not be held responsible for tax liabilities incurred during a marriage, this form allows a taxpayer to seek consideration from the IRS. The form is vital for those facing financial hardship due to their partner's tax-related actions.
What is the purpose of this form?
The purpose of IRS 8857 is to provide a legal avenue for individuals to request Innocent Spouse Relief. This relief may absolve them from tax debts incurred jointly with their spouse if they meet specific criteria. The form facilitates communication between the taxpayer and the IRS regarding potential eligibility for this relief.
Who needs the form?
Individuals who filed jointly or as married filing separately and are now facing tax liabilities due to their spouse's actions may need IRS 8857. This form is relevant for those who have experienced an unfair tax assessment based on errors, omissions, or fraud committed by their spouse. It is especially important for individuals who can demonstrate a lack of knowledge regarding the tax issues in question.
When am I exempt from filling out this form?
You may be exempt from filling out IRS 8857 if you did not file a joint tax return with your spouse. Additionally, if you can prove that you were unaware of the tax deficiencies or if your spouse has left or is no longer financially responsible, you may not need to file this form. It is best to consult with a tax professional who can offer tailored advice based on your situation.
Components of the form
IRS 8857 consists of several components requiring detailed information. Key sections include personal information, information about your spouse, a narrative detailing why you believe you qualify for relief, and any supporting documentation to back your claims. Ensuring that each segment is filled out accurately is crucial for a favorable review by the IRS.
What are the penalties for not issuing the form?
Failing to file IRS 8857 when eligible may result in significant tax liabilities remaining outstanding. Without this form, taxpayers may not be able to appeal for Innocent Spouse Relief, leading to enforced collection actions by the IRS for the joint liabilities. It's essential to address these situations proactively to avoid further financial repercussions.
What information do you need when you file the form?
When filing IRS 8857, you need the following information: your personal details, your spouse's details, financial information pertaining to the tax liabilities, and a clear explanation of why you are seeking relief. Having your past tax returns, any correspondence with the IRS, and supporting documentation ready can expedite the process.
Is the form accompanied by other forms?
IRS 8857 does not typically require accompanying forms for submission, although supporting documents may strengthen your case. If your situation involves claims of abuse or allegations of fraudulent activity by your spouse, including evidence within your submission can be beneficial. Always check the IRS guidelines for any relevant updates regarding form associations.
Where do I send the form?
Once completed, IRS 8857 should be sent to the address specified in the instructions of the form itself. This is typically the appropriate IRS service center based on your state of residence or the location of your tax return filing. Ensure to confirm the correct address by reviewing the most recent IRS guidelines prior to mailing your document.
FAQ about IRS 8857
What should I do if I realize I've made a mistake on my IRS 8857 form?
If you discover an error after submitting your IRS 8857, you should file an amended version to correct it. This process ensures that the IRS has your accurate information, which can help avoid potential penalties or complications in your case.
How can I check the status of my submitted IRS 8857?
To verify the status of your IRS 8857 submission, you can use the IRS online tools or contact their support directly. It's helpful to have your submission details handy to expedite the tracking process.
What common mistakes should I be aware of while filing the IRS 8857?
Common errors when filing IRS 8857 include inaccurate information on taxpayer identification numbers and failing to sign the form. Taking care to double-check these details before submission can prevent delays or rejections.
Are there any issues I need to be cautious of when e-filing the IRS 8857?
When e-filing the IRS 8857, ensure that your browser and software are compatible with the IRS e-filing system. Familiarize yourself with potential rejection codes and their meanings to address them promptly.
What should I include if I receive a notice from the IRS after submitting my 8857?
If you receive a notice after submitting your IRS 8857, review the communication carefully and gather any requested documentation. Respond promptly to ensure your case continues to be processed correctly.
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