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Innocent spouse relief can relieve you from paying additional taxes if your spouse understated taxes due on your joint tax return and you didnt know about the errors. Innocent spouse relief is only for taxes due on your spouses income from employment or self-employment.
The allocation instructions are as follows: The wages should be allocated to each spouse as shown on their W-2 forms. The taxes withheld must also be divided as shown on the W-2 forms. The Standard or Itemized deductions must be allocated so that the non-injured spouse would be able to file as if they were single.
To request injured spouse relief, file Form 8379, Injured Spouse Allocation. You can file it with your tax return by mail or electronically. You can also mail it separately when you receive notice that your refund was applied to an outstanding debt.
There are two types of tax relief for spouses: Injured spouse relief lets you reclaim money taken from your tax refund to cover your spouses debts. Innocent spouse relief relieves you from paying additional federal income tax owed by your spouse due to errors on a joint tax return.
Alternatively, you can fax the form and attachments to the IRS at 855-233-8558. For a list of private delivery services you can use to meet the timely mailing as timely filing rule for filing Form 8857 by the deadline, go to Write your name and social security number (SSN) on any attachments.
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Who Can File Form 8857: Request for Innocent Spouse Relief? Filing a joint return with an understatement of tax. Tax due to a spouses erroneously listed income or deductions. The determination that it is unfair to hold the requesting taxpayer liable for the understatement.
Under certain circumstances, a spouse may be relieved of the tax, interest, and penalties on a joint return. The IRS provides three mechanisms for such spousal relief: 1) Innocent Spouse Relief; 2) Separation of Liability; and 3) Equitable Relief.
Form 8379 can be e-filed. An innocent spouse (Form 8857, Request for Innocent Spouse Relief) is asking the IRS not to hold him or her liable for tax resulting from actions of the other spouse in a joint return. Form 8857 is not transmitted with an e-filed return, but must be paper-filed separately.