Get Are You An Innocent Spouse? Required Attachments Information ...

Innocent spouse relief can relieve you from paying additional taxes if your spouse understated taxes due on your joint tax return and you didn't know about the errors. Innocent spouse relief is only for taxes due on your spouse's income from employment or self-employment.

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.

The IRS innocent spouse phone number is 866-681-4271.

Use Form CT-8857, Request for Innocent Spouse Relief (And Separation of Liability and Equitable Relief), to request relief from liability for tax, plus related penalties and interest, for which you believe only your spouse or former spouse should be held liable.

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.

Equitable relief can relieve you from paying taxes if your spouse understated or underpaid taxes due on your joint tax return and it would be unfair to hold you responsible. Taxes are understated if your spouse: Didn't report all income. Took deductions or credits they were not eligible for.

Fill out IRS Form 8857 (copies on the internet at .irs.gov). Attach a letter saying why you should get Innocent Spouse Relief. Put your name and Social Security number on the letter. Don't file IRS Form 8857 with your income tax return. Mail it in a separate envelope.

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.