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The document provides instructions for Form 8857, which is used to request Innocent Spouse Relief from tax liability. It outlines the purpose of the form, eligibility criteria, types of relief available (innocent spouse relief, separation of liability relief, equitable relief, and community income relief), and specific filing guidelines. The document emphasizes the importance of timely filing and details situations where filing is not permitted. It also includes information on how to seek help from the IRS and the Taxpayer Advocate Service.

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What are the factors for equitable relief for an innocent spouse?

You may qualify if: You filed a joint return which has an understatement of tax due to erroneous items of your spouse (or former spouse). You establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understatement of tax.

How hard is it to get innocent spouse relief?

Getting innocent spouse relief isnt automatic. The IRS can deny your request, and the process can take as long as six months.

What are the proofs of innocent spouse relief?

When a would-be innocent spouse files a request for relief with the IRS, the innocent spouse can provide evidence of all the relevant facts including: Marital status. Economic hardship caused by the tax obligation. That the spouse did not receive significant benefit from the wrongfully withheld tax payments.

How to qualify for injured spouse relief?

You may be eligible for injured spouse relief if: You filed a joint return with your spouse. Your tax refund was applied to your spouses overdue debts. You werent responsible for the debt.

Can form 8857 be filed electronically?

If you think your spouse or ex-spouse should be responsible for all or part of the taxes due on your latest return, you can ask for relief from this responsibility. To do this, file Form 8857 when you eFile. This request can include tax penalties, interest, and other tax debts.

Can the IRS come after me for my spouses taxes?

This makes you both legally responsible for each others tax liability. If youre lying awake at night wondering, can the IRS come after me for my spouses taxes? the answer is yes. This is true even if you didnt do anything wrong. In this case, the IRS will use your refund to offset your spouses liability.

What is the IRS form 8857 used for?

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.

Can a wife be held responsible for husbands tax debt?

Liability Under Married Filing Jointly If you file jointly, both spouses are generally jointly and severally liable for the tax debt. In this case, the IRS can pursue either spouse for the entire amount owed.

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