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The innocent spouse rule is a provision of U.S. tax law, revised most recently in 1998, which allows a spouse to seek relief from penalties resulting from underpayment of tax by a spouse. The rule was created partly due to spouses not telling their partners the entire truth about their financial situation.
The innocent spouse rule is a provision of U.S. tax law, revised most recently in 1998, which allows a spouse to seek relief from penalties resulting from underpayment of tax by a spouse. The rule was created partly due to spouses not telling their partners the entire truth about their financial situation.
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.
When to Request Relief. File Form 8379 within 3 years from date the return was filed or 2 years from the date the tax was paid, whichever is later.