Get the free form 8857 - request for innocent spouse relief

The Taxpayer Advocate Service (TAS) has a checklist for Forms 8857-A and 8857-AA on its website. You can also find copies of the forms by calling. To make sure OMB approves your request for innocent spouse relief, please email your completed forms to We will do the right thing and work with you to find the most beneficial solution. The following are other forms you might be interested in. For information about how to file an incorrect tax return, see How to Make a Fax or Email Answer. Filing a False Federal Tax Return If you're charged with filing a false tax return, there are generally three steps you need to take. You can file the false return, have the wrong answer corrected on your tax return, or take a third or final step which is to pay the tax due. (See the Instructions on the Form 8857 to see what to do to correct the wrong return). If either of these two alternatives isn't possible to use, you'll want to pay the tax due. If you do so, you'll be able to refile the form at no additional cost. Citing a Statute The statute we provide on Innocent Spouse Relief says that the IRS recognizes: The existence of a legitimate marriage and the right of the person to relief from tax liabilities and/or penalties that results from the marriage. Permanent separation as an accident of unemployment or separation which is not the result of fraud or intentional misrepresentation on the part of one spouse. The bona fide marriage and the right of the person to relief from tax liabilities and/or penalties that results from the marriage. There's also this provision that applies (at least for federal taxpayers) and has been used to recover taxes from taxpayers, to help pay for a widow or widower's pension or to compensate a woman who's a survivor who needs child custody. For more information about Innocent Spouse Relief, see Where to File and Form 8906, Innocent Spouse Relief, on the IRS website. (The instructions also explain that you can file forms under other section 6013 provisions for non-filing victims of domestic violence or abuse. These provisions can also result in payments of income tax. For more information about how the IRS determines whether to grant innocent spouse relief, see How to Make a Fax or Email Answer.

What is IRS Form 8857?

The fillable IRS Form 8857 (also known as a Request for Innocent Spouse Relief) is designed to release a person from paying their spouse's taxes, which weren't fully reported or concealed without the claimant being aware.

Who needs an IRS Form 8857?

An IRS Form 8857 should be submitted by a person who believes and can prove that their spouse or ex-spouse should be held responsible for all or part of the tax. Therefore, a person filing the 8857 Request Form avoids paying their spouse's taxes and applied penalties, in case the claimant can prove that no benefit has been gained from underreporting or the failure to report.

How do I fill out the IRS 8857 fillable form in 2023?

The IRS Form 8857 consists of 6 pages and includes comprehensive and detailed instructions, which should be strictly followed. If you want to simplify the filing process, use pdfFiller and its fillable Form 8857 template. Follow the steps below:

1. Click Get Form at the top of the page.
2. Insert information into the fillable fields in accordance with the IRS’s instructions.
3. Double check the document to avoid possible mistakes.
4. Use the Sign tool to add your electronic signature to Form 8857.
5. Add the date using the appropriate option from the top toolbar.
6. Select Done to save your changes.
7. Choose the exporting method that suits your needs: download, print, or send by USPS or fax.

Is the tax form 8857 accompanied by other forms?

Request for innocent spouse relief document requires an attachment—a statement that explains why you’re asking for relief. For example, if spouses have legally separated, the divorce decree must be attached. Additionally, the filer must make sure that they provide their social security number in one of the filed documents.

When is IRS 8857 form due?

The fillable tax form 8857 must be filed to the IRS as soon as a person discovers a tax liability incident for which they believe they shouldn't be held jointly responsible with their spouse.

The form must be filled out no later than two years after the IRS's first attempt to collect taxes from the "innocent spouse."

Where do I send the IRS tax form 8857?

If using USPS, the completed Request for Innocent Spouse Relief form (8857) must be submitted to:

Internal Revenue Service

P.O. Box 120053

Covington, KY 41012

If using a private delivery service, it must be sent to:

7940 Kentucky Drive, Stop 840F

Florence, KY 41042

You also can fax the form and any attachments to 855-233-8558.

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