How do I appeal innocent spouse relief?

If you made an innocent spouse request that the IRS denied or didn’t fully allow, you can request an appeal if you meet these criteria:

You filed a Form 8857, Request for Innocent Spouse Relief PDF.
Your request concerns an unpaid tax reported on your return and/or the IRS determined additional tax.

What IRS form is innocent spouse?

Form 8857
More In Forms and Instructions 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.

What is the difference between Form 8379 and 8857?

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.

How long does it take to process innocent spouse relief?

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.

How do I qualify for injured spouse relief?

To qualify for an injured spouse claim, you must meet all three following conditions:

You are not required to pay the past-due amount.
You reported income on the joint tax return.
You made and reported payments on the joint return.

How long does innocent spouse relief take?

Can I file Form 8857 online?

You can claim innocent spouse relief via form 8857 on eFile.com or complete is separately and mail it in. When you prepare your taxes with eFile.com, the app will help you select and complete the form.

What is innocent spouse rule?

The innocent spouse rule is a provision of U.S. tax law, revised most recently in 1998, which allows a spouse to seek relief from penalties resulting from underpayment of tax by a spouse. The rule was created partly due to spouses not telling their partners the entire truth about their financial situation.

How Should Form 8857 be filed?

Do not file Form 8857 with your tax return or the Tax Court. Instead, mail it to one of the following addresses. Florence, KY 41042 Alternatively, you can fax the form and attachments to the IRS at 855-233-8558.

Can you file Form 8857 electronically?

You can claim innocent spouse relief via form 8857 on eFile.com or complete it separately and mail it in. When you prepare your taxes with eFile.com, the app will help you select and complete the form.

Can the IRS take my refund if my husband owes back taxes?

Unfortunately, yes, the IRS can seize your house or assets, even if your spouse is the one who owes money to the IRS. Whether you’re the one who incurred the tax debt or your partner, the IRS can seize tax refunds, garnish wages, and even seize your house or assets, depending on how much debt is owed.

What are the requirements for innocent spouse relief?

Requirements for Innocent Spouse Relief. You must meet all of the following requirements in order to qualify for innocent spouse relief: Your joint return has an understatement of tax due to erroneous items of your spouse (or former spouse). An erroneous item could be: unreported income, or an incorrect deduction, credit, or property basis.

How do you file an injured spouse?

In order to claim injured spouse tax relief you will need to fill out and file IRS form 8379 for injured spouse allocation. You can file the form either electronically or by mail.

What is the tax form for innocent spouse?

Form 8857: Request for Innocent Spouse Relief is an Internal Revenue Service (IRS) tax form used by taxpayers to request relief from a tax liability involving a spouse or former spouse.

What is innocent spouse tax relief?