Form 8857: Request For Innocent Spouse Relief

AAA

DEFINITION of 'Form 8857: Request For Innocent Spouse Relief'

An IRS tax form used by taxpayers to request relief from a tax liability involving a spouse or former spouse. Couples filing a joint tax return both become responsible for the tax obligation, called joint and several liability. If additional tax has to be paid because of income, deductions or credits from one spouse (or former spouse), the other partner will still be liable. The taxpayer seeking relief should file Form 8857 as soon as he or she becomes aware of a tax obligation that the other spouse (or former spouse) should be solely responsible for.

INVESTOPEDIA EXPLAINS 'Form 8857: Request For Innocent Spouse Relief'

Getting a divorce doesn't stop the IRS from considering both parties still joint and severally liable for a tax obligation, even if a divorce decree states that only one party is responsible for the tax. A spouse or former spouse has two years to file Form 8857 from when the IRS first starts trying to collect for the obligation.

RELATED TERMS
  1. Joint And Several Liability

    When multiple parties can be held liable for the same event or ...
  2. Innocent-Spouse Rule

    A measure of relief built into the tax code that allows a person, ...
  3. Married Filing Separately

    A filing status for married couples who choose to record their ...
  4. Married Filing Jointly

    A filing status for married couples that have wed before the ...
  5. Community Property

    A U.S. state-level legal distinction of a married individual's ...
  6. Equitable Division

    A legal theory that guides how property acquired during the course ...
RELATED FAQS
  1. How can I protect my business from my spouse during a high net worth divorce?

    For high net worth individuals (HNWIs), deciding to end a marriage through divorce brings special circumstances to consider. ... Read Full Answer >>
  2. When is litigation better than mediation in a high net worth divorce case?

    Typically, litigation is better than mediation in high-net-worth divorce cases for two major situations – when there are ... Read Full Answer >>
  3. Why are high net worth divorces considered more challenging than other divorce cases?

    All divorces are emotionally difficult and create a financial strain on the parties involved. As it pertains to dividing ... Read Full Answer >>
  4. How do Social Security benefits for widows or widowers work?

    If you are the surviving widow or widower of a deceased worker who would have been eligible to receive Social Security benefits ... Read Full Answer >>
  5. How do Social Security survivor benefits work?

    Though it's not a pleasant subject, it is important to consider the financial future of your family in the event of your ... Read Full Answer >>
  6. What are the rules and restrictions on a Spousal IRA?

    Formerly called a homemaker individual retirement account (IRA) and renamed to Kay Bailey Hutchison IRA, in 2012, after the ... Read Full Answer >>
Related Articles
  1. Taxes

    Before You Visit Your Tax Preparer: Do This

    The earlier you start preparing your tax records and documents, the more likely you are to have a smooth tax return experience – and all the tax benefits you're due.
  2. Retirement

    Relationship Money Matters

    Whether married, single or somewhere in between, you'll face unique financial challenges.
  3. Taxes

    Happily Married? File Taxes Separately!

    Just because you are in love doesn't mean that a joint return is best for both of you.
  4. Taxes

    The Tax Benefits Of Having A Spouse

    Check out the perks designed to promote and preserve your post-work savings - if you're married, that is.
  5. Professionals

    Gay Marriage Ruling: Its Impact on Estate Planning

    Same-sex couples now face the same legal and financial issues as heterosexual couples; some may need to adopt simpler, more mainstream financial plans.
  6. Personal Finance

    5 Signs You Need A Postnup

    They're not the most fun thing to contemplate, but these contracts can actually help a marriage.
  7. Insurance

    Should I Insure My Wedding Ring?

    It depends, in part, on the ring's value and your current insurance coverage. Here's a guide to making a decision that's right for you.
  8. Insurance

    Should You Insure Your Wedding Dress?

    It can be money well spent that ensures your gown is ready for your big day. Plus, insurance covers a groom's and other attendants' clothing.
  9. Investing

    $3M Question: Dream Wedding Or Dream Retirement?

    Wedding season is in full swing, though millennials may be putting off marriage more than previous generations, wedding budgets continue to rise.
  10. Professionals

    Phew! IRA Tax Fixes Possible Through Oct. 15

    Tax season ended April 15 but you've got until Oct. 15 to correct errors, including those to do with Roth and traditional IRAs.

You May Also Like

Hot Definitions
  1. American Dream

    The belief that anyone, regardless of where they were born or what class they were born into, can attain their own version ...
  2. Multicurrency Note Facility

    A credit facility that finances short- to medium-term Euro notes. Multicurrency note facilities are denominated in many currencies. ...
  3. National Currency

    The currency or legal tender issued by a nation's central bank or monetary authority. The national currency of a nation is ...
  4. Treasury Yield

    The return on investment, expressed as a percentage, on the debt obligations of the U.S. government. Treasuries are considered ...
  5. Bund

    A bond issued by Germany's federal government, or the German word for "bond." Bunds are the German equivalent of U.S. Treasury ...
  6. European Central Bank - ECB

    The central bank responsible for the monetary system of the European Union (EU) and the euro currency. The bank was formed ...
Trading Center
×

You are using adblocking software

Want access to all of Investopedia? Add us to your “whitelist”
so you'll never miss a feature!