Fresh Start Tax want to make you aware of some of the provisions of Innocent Spouse Relief. In most cases, an Innocent Spouse is usually a “wife” whose husband was not completely honest when filing the tax return. The tax return was presented to her to sign and she signed the return. After a period of time the couple separated or got divorced and the wife found out about other tax issues and a tax liability she was unaware of. The IRS want to now enforce collection of the tax on the wife. Here are the how to’s:
1. How do I request relief?
Answer: File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. You need not file multiple forms. One form can cover multiple years.
2. Where should I file my Innocent Spouse claim?
Answer:
Internal Revenue Service
Stop 840F
P.O. Box 120053
Covington, KY 41012
3. What type of documents do I need to submit with the Form 8857, Request for Innocent Spouse Relief?
Answer:You should carefully review the Form 8857, Request for Innocent Spouse Relief, and it will guide you on what documents to submit. For comprehensive information on Innocent Spouse, Publication 971, Innocent Spouse Relief, explains each type of relief, who may qualify, and how to request relief.
4. I want to file, but I am afraid of what my ex-spouse will do, should I still file?
By law, the IRS must contact your spouse or former spouse. There are no exceptions, even for victims of spousal abuse or domestic violence. Therefore, you should consider all options including an Offer in Compromise Doubt as to Liability.
5. How long will the process take?
When a Form 8857, Request for Innocent Spouse Relief, is filed with the IRS, it may take up to 6 months before a determination is made. During the processing time, the Service is requesting your tax information and contacting the non-requesting spouse. By law, the IRS must contact your spouse or former spouse. There are no exceptions, even for victims of spousal abuse or domestic violence.