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Form 8857

  1. Country USA
  2. Language English
  3. Activity Taxes
  4. Department Internal Revenue Service
Form 8857

Request for Innocent Spouse Relief

Rev. June 2021

This instruction guide explains how to file Form 8857, also known as the Application for Innocent Spouse Relief from Joint and Community Income Tax Return, with the Internal Revenue Service (IRS). The form is designed for individuals who believe it would be unfair to hold them responsible for taxes reported on a joint tax return when they were not aware of or did not agree to errors or underpayments. This document covers the eligibility requirements, documentation needed, and process for filing Form 8857.

Instructions

FAQ
  • Is there a limit on the refund amount for Form 8857?

    Yes, there is a limit to the amount of the refund you can receive if you file Form 8857. The refund cannot be more than the part of the tax paid within the last 3 years before filing Form 8857 or within 2 years after paying the tax, whichever is greater.

  • What is Form 8857 used for?

    Form 8857, Application for Relief from Joint and Several Liability, is used when one spouse wants to be relieved from joint liability on a joint tax return.

  • Who can file Form 8857?

    A taxpayer who wants relief from joint and several liability for taxes owed on a joint tax return can file Form 8857. The taxpayer must attach all required documentation to support their request.

  • What information is needed to file Form 8857?

    To file Form 8857, you need to provide your Social Security Number or Individual Taxpayer Identification Number, the year of the joint tax return at issue, and a statement explaining why you believe you should be relieved from joint liability.

  • What is the deadline for filing Form 8857?

    Form 8857 must be filed within 2 years of the due date (including extensions) of the joint tax return or within 2 years of the date that the IRS first contacted you about the liability.

  • Who needs to sign Form 8857?

    If you have someone else prepare your Form 8857 for you, they must sign it and include their Preparer Tax Identification Number. You should keep a copy of the signed form for your records.

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ABOUT

Internal Revenue Service (IRS) Forms

Form 8857 is one of the official tax forms used in the United States to report income, claim deductions and credits, calculate tax liability, and fulfill other tax-related obligations. The IRS is the federal agency responsible for administering and enforcing the internal revenue laws in the United States.

Here are some examples of Internal Revenue Service forms:

Form 1040: This is the primary individual income tax return form used by most taxpayers. It is used to report various types of income, claim deductions and credits, calculate tax liability, and determine whether a taxpayer owes additional tax or is entitled to a refund.

Form 1099: There are different variations of Form 1099, such as 1099-MISC, 1099-INT, 1099-DIV, etc. These forms are used to report income received by individuals or businesses from various sources other than employment, such as self-employment income, interest income, dividend income, and rental income.

Form W-2: This form is used by employers to report wages paid to employees and the taxes withheld from their pay. Employees use the information on Form W-2 to complete their individual tax returns.

Form 941: Employers use this form to report employment taxes, including federal income tax withheld, Social Security tax, and Medicare tax, for their employees.

Form 1065: This form is used by partnerships to report their income, deductions, and tax liability. Partnerships themselves do not pay income tax; instead, the partners report their share of partnership income on their individual tax returns.

Form 1120: This is the corporate income tax return form used by C corporations to report their income, deductions, and tax liability.

Form 990: This form is used by tax-exempt organizations, such as nonprofits and charities, to report their financial information, activities, and compliance with tax laws.

Form 8862: This form is used by taxpayers who previously claimed the Earned Income Tax Credit (EITC) but had it disallowed, and now want to claim it again.

These are just a few examples of the numerous IRS forms that exist to fulfill various tax-related obligations. The specific forms required for an individual or business depend on their unique circumstances, income sources, and deductions. It's advisable to consult the official website of the Internal Revenue Service (www.irs.gov) or seek professional tax advice to obtain accurate and up-to-date information regarding the specific IRS forms relevant to your tax situation.

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