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  1. Aug 2, 2021 · You must file Form 8857 no later than 6 months before the expiration of the period of limitations on assessment (including extensions) against your spouse or former spouse for the tax year for which you are requesting relief.

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  3. If you believe, taking into account all the facts and circumstances, only your spouse or former spouse should be held responsible for all or part of the tax, you should request relief from the tax liability, including related penalties and interest. To request relief, you must file Form 8857.

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  4. If you believe the person with whom you filed a joint return should be solely responsible for an erroneous item or an underpayment of tax from your joint tax return, you may be eligible for innocent spouse relief.

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  5. A married spouse without an earnings record (or whose record would result in a lower Social Security payment) can collect on his or her spouse's earnings record when his or her spouse turns 62. Collecting Social Security at 62 has some advantages.

  6. May 9, 2024 · When should I file IRS Form 8857? The IRS recommends that taxpayers apply for innocent spouse relief as soon as they become aware of a tax problem which they believe only the other spouse is responsible.

  7. You need to file Form 8857 as soon as you find out that you are being held liable for taxes you believe should only be your spouse’s. You have two years to file from the time the IRS first tries to collect from you to do so, but there are some exceptions.

  8. Mar 20, 2024 · To request innocent spouse relief, file IRS Form 8857. (You can forgo the six-page form if you want and submit a signed written statement with the same information.)

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