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Illinois Department of Revenue IL-8857 Request for Innocent Spouse Relief Read this information first To request innocent spouse relief for your Illinois Individual Income Tax liability you must file this form even if you filed federal Form 8857 Request for Innocent Spouse Relief with the Internal Revenue Service IRS. You must file a separate Form IL-8857 and an Allocation of Liability Worksheet for each year you are seeking innocent spouse relie.

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How to fill out the IL-8857 Form online

The IL-8857 Form is essential for individuals seeking innocent spouse relief for their Illinois individual income tax liability. This guide will provide clear and supportive directions for completing the form online.

Follow the steps to fill out the IL-8857 Form correctly.

  1. Press the ‘Get Form’ button to access the IL-8857 Form and open it in your selected online editor.
  2. Begin by entering your personal information including your name, Social Security number, street address, and daytime telephone number. Indicate the tax year for which you seek relief.
  3. Provide details about your former spouse, including their name, Social Security number, and address.
  4. Answer the questions regarding the filing of federal Form 8857 with the IRS and whether any assets were transferred without receiving full payment.
  5. Explain your request by stating why you believe you are not responsible for the tax liability indicated on Line 6. Use additional sheets if necessary.
  6. Complete the Allocation of Liability Worksheet for the relevant tax year, ensuring accurate distribution of income and liabilities.
  7. Fill out the Erroneous Items Worksheet if applicable to correct any items of income and deductions that were reported incorrectly.
  8. Sign the form under penalties of perjury, adding your daytime phone number and date. Finalize by saving your changes, and consider downloading or printing a copy for your records.

Take the next step and complete your IL-8857 Form online today.

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Form 8857 should be filed with your return on eFile.com as soon as possible to eliminate any inaccurate dues in the form of tax liability that should belong to the other spouse. The IRS may send you a notice or propose an increase to your tax liability, to which you should file the form.

On the death of one spouse and the tax returns were filed jointly and there are unpaid taxes, the surviving spouse in most cases is held liable to pay them. The death of the spouse will not change or relieve the surviving spouse from being held personally liable for those unpaid taxes.

There are two types of tax relief for spouses: Injured spouse relief lets you reclaim money taken from your tax refund to cover your spouse's debts. Innocent spouse relief relieves you from paying additional federal income tax owed by your spouse due to errors on a joint tax return.

You should file Form 8857 as soon as you become aware of a tax liability for which you believe only your spouse or former spouse should be held responsible. The following are some of the ways you may become aware of such a liability.

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.

You're an injured spouse if your share of the refund on your joint tax return was (or is expected to be) applied against a separate past-due debt that belongs just to your spouse, with whom you filed the joint return.

You do not qualify for innocent spouse relief, separation of liability relief, or relief from liability for tax attributable to an item of community income. You have an understated tax or unpaid tax. You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme.

You may request innocent spouse relief if: You filed a joint return with your spouse. Your taxes were understated due to errors on your return. You didn't know about the errors.

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