Form 8857 - Request For Innocent Spouse Relief

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8857
Request for Innocent Spouse Relief
Form
OMB No. 1545-1596
(Rev. September 2010)
Department of the Treasury
See separate instructions.
Internal Revenue Service (99)
Important things you should know
• Do not file this form with your tax return. See Where To File in the instructions.
• Answer all the questions on this form that apply, attach any necessary documentation, and sign on page 4. Do not delay
filing this form because of missing documentation. See instructions.
• By law, the IRS must contact the person who was your spouse for the years you want relief. There are no exceptions,
even for victims of spousal abuse or domestic violence. Your personal information (such as your current name, address,
and employer) will be protected. However, if you petition the Tax Court, your personal information may be released,
unless you ask the Tax Court to withhold it. See instructions for details.
• If you need help, see How To Get Help in the instructions.
Should you file this form? You must complete this part for each tax year.
Part I
Tax Year 1
Tax Year 2 Tax Year 3*
Enter each tax year you want relief. It is important to enter the correct year. For example,
1
if the IRS used your 2009 income tax refund to pay a 2007 tax amount you jointly owed,
enter tax year 2007, not tax year 2009 .
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1
Caution. The IRS generally cannot collect the amount you owe until your request for each
year is resolved. However, the time the IRS has to collect is extended. See Collection
Statute of Limitations on page 3 of the instructions.
2
Check the box for each year you would like a refund if you qualify for relief. You may
be required to provide proof of payment. See instructions .
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2
3
Did the IRS use your share of the joint refund to pay any of the following past-due
Yes
No
Yes
No
Yes
No
debts of your spouse: federal tax, state income tax, child support, spousal support, or
federal non-tax debt such as a student loan?
• If “Yes,” stop here; do not file this form for that tax year. Instead, file Form 8379, Injured
Spouse Allocation. See instructions.
• If “No,” go to line 4
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3
4
Was a return claiming married filing jointly status filed for the tax year listed on line 1?
See instructions.
• If “Yes,” skip line 5 and go to line 6.
• If “No,” go to line 5
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4
If a joint return for that tax year was not filed, were you a resident of Arizona,
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California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin?
• If “Yes,” see Community Property Laws on page 2 of the instructions.
• If “No” on both lines 4 and 5, stop here. Do not file this form for that tax year .
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5
*If you want relief for more than 3 years, fill out
an additional form.
Tell us about yourself
Part II
Your social security number
6
Your current name (see instructions)
Your current mailing address (number and street).
Apt. no.
County
City, town or post office, state, and ZIP code. If a foreign address, see instructions.
Best daytime phone number
Tell us about you and your spouse for the tax years you want relief
Part III
7
Who was your spouse for the tax years you want relief? File a separate Form 8857 for tax years involving different spouses or
former spouses.
Social security number (if known)
That person’s current name
Current home address (number and street) (if known). If a P.O. box, see instructions.
Apt. no.
City, town or post office, state, and ZIP code. If a foreign address, see instructions.
Best daytime phone number
8857
For Privacy Act and Paperwork Reduction Act Notice, see instructions.
Form
(Rev. 9-2010)
Cat. No. 24647V

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