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This Form 5495 provides spaces for all information required to process a request for discharge from personal liability under IRC section 2204 or 6905.
To apply for Innocent Spouse Relief, fill out IRS Form 8857, Request for Innocent Spouse Relief, within two years after the date the IRS first attempts to collect the tax from you. See IRS Publication 971, Innocent Spouse Relief, for more information. You may also wish to consult a professional advisor for help.
Taxpayers file Form 8857 to request relief from tax liability, plus related penalties and interest, when they believe only their spouse or former spouse should be held responsible for all or part of the tax.
Injured Spouse vs Innocent Spouse. There are two different forms relating to injured/innocent spouses, Form 8379 Injured Spouse Allocation and Form 8857 Request for Innocent Spouse Relief.
Dont file Form 8379 if you are claiming innocent spouse relief. Instead, file Form 8857. Generally, both spouses are responsible for paying the full amount of tax, interest, and penalties due related to your joint return.
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The first major difference between IRS Form 56 and Form 2848 lies in the extent of legal authority granted. Form 56 is designed to provide a fiduciary with broad legal authority over the taxpayers financial affairs.
Injured spouse relief can help you get back your share of a federal tax refund that was reduced to pay your spouses debts. Refunds on a joint tax return may be applied to overdue debts such as: Past-due child support. Debts to federal agencies.

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