8857
Request for Innocent Spouse Relief
Form
OMB No. 1545-1596
(And Separation of Liability and Equitable Relief)
(Rev. October 1999)
Department of the Treasury
Do not file with your tax return.
See instructions.
(99)
Internal Revenue Service
Your name
Your social security number
Your current address
Apt. no.
City, town or post office, state, and ZIP code. If a foreign address, see instructions.
Daytime phone no. (optional)
(
)
Do not file this form if all or part of your overpayment was (or is expected to be) applied against your spouse’s past-due
debt (such as child support). Instead, file Form 8379, Injured Spouse Claim and Allocation, to have your share of the
overpayment refunded to you.
The IRS can help you with your request. If you are working with an IRS employee, you
can ask that employee, or you can call 1-800-829-1040.
Part I
1 Enter the year(s) for which you are requesting relief from liability of tax
2 Information about the person to whom you were married as of the end of the year(s) on line 1.
Name
Social security number
See
Spousal
Current home address (number and street). If a P.O. box, see instructions.
Apt. no.
Notification
on page 3.
City, town or post office, state, and ZIP code. If a foreign address, see instructions.
Daytime phone no. (if known)
(
)
3 Do you have an Understatement of Tax (that is, the IRS has determined there is a difference between
the tax shown on your return and the tax that should have been shown)?
Yes. Go to Part II.
No. Go to Part IV.
Part II
4 Are you divorced from the person listed on line 2 (or has that person died)?
Yes. Go to line 7.
No. Go to line 5.
5 Are you legally separated from the person listed on line 2?
Yes. Go to line 7.
No. Go to line 6.
6 Have you lived apart from the person listed on line 2 at all times during the 12-month period prior to filing
this form?
Yes. Go to line 7.
No. Go to Part III.
7 If line 4, 5, or 6 is Yes, you may request Separation of Liability by attaching a statement (see page 3).
Check here
and go to Part III below.
Part III
8 Is the understatement of tax due to the Erroneous Items of your spouse (see page 4)?
Yes. You may request Innocent Spouse
No. You may request Equitable Relief for
the understatement of tax. Check Yes in
Relief by attaching a statement (see page
Part IV below.
4). Go to Part IV below.
Part IV
9 Do you have an Underpayment of Tax (that is, tax that is properly shown on your return but not paid) or
another tax liability that qualifies for Equitable Relief (see page 4)?
Yes. You may request Equitable Relief by
No. You cannot file this form unless line 3
attaching a statement (see page 4).
is Yes.
Under penalties of perjury, I declare that I have examined this form and any accompanying schedules and statements, and to the best of my knowledge and belief,
they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
Sign Here
Your signature
Date
Keep a copy
of this form for
your records.
Date
Preparer’s SSN or PTIN
Paid
Preparer’s
Check if
signature
self-employed
Preparer’s
Firm’s name (or yours
EIN
Use Only
if self-employed) and
address
ZIP code
8857
For Privacy Act and Paperwork Reduction Act Notice, see page 4.
Cat. No. 24647V
Form
(Rev. 10-99)