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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.
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.
By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return.
How long will the process take? When a Form 8857, Request for Innocent Spouse Relief, is filed with the IRS, it may take up to 6 months before a determination is made. During the processing time, the Service is requesting your tax information and contacting the non-requesting spouse.
Credit or Refund \u2013 Generally, you must file your request within 3 years after the date the original return was filed or within 2 years after the date the tax was paid, whichever is later.
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People also ask

Where To File IF you file Form 8379...THEN mail Form 8379...with your joint returnand your joint return to the Internal Revenue Service Center for the area where you live.*by itself after you filed your original joint return on paperto the same Internal Revenue Service Center where you filed your original return.*3 more rows • Nov 19, 2021
Yes, you can file Form 8379 electronically with your tax return. Generally: If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks.
Generally: If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks.
Where to Mail Form 8857. Covington, KY 41012. Covington, KY 41011. Fax the form and attachments to the IRS at 855-233-8558.
As explained by the IRS, a person applying for innocent spouse relief must meet three requirements: (1) that the applicant filed a joint return that has an understatement of tax as a result of erroneous items attributable only to their current or former spouse; (2) that the applicant did not know and had no reason to ...

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