3 Steps to Claiming Innocent Spouse Tax Relief

Innocent Spouse Tax Relief with The Law Offices of Nick Nemeth

Most couples these days choose to file joint tax returns. This makes them equally responsible for all the taxes that they owe. If your spouse or ex-spouse lied about their unpaid taxes on a joint tax return and you are now facing tax debt issues, you can apply for Innocent spouse tax relief. There are many ways to prove your innocence and get IRS tax relief. Continuing the discussion, this blog covers 3 steps that can help you seek innocent spouse relief from IRS. Let us dig in.

1. File IRS Form 8857

If you believe that you qualify for innocent spouse tax relief, you can file IRS form 8857. This is the first step to getting relief from joint tax liability. The form is seven-pages long and covers many questions about your situation and how you specifically qualify for the relief. The form also includes questions about your education, qualification, and profession. This information helps to determine whether you are in a position  to have known if something was wrong with your tax filing. Attach all the necessary documents that support your claim. Be careful when filing as any misleading answer can lead to rejection of your petition.

2. Draft an Innocent Spouse Relief Letter

If you are a victim of abuse from your spouse or ex-spouse, then drafting a letter is essential. Even if it is not required, it is good practice to draft a letter to strengthen your claim. The IRS form 8857 might not provide enough space to explain your issue. A letter allows you to provide detailed information on why you should be eligible for innocent spouse relief. Also, do not forget to attach all documents that support your claims.

3. Mail the Documents

Once you are done filling the form, drafting a letter, and attaching other essentials, send the documents to the IRS office via postal service  or private carriers such as FedEx or UPS. Or fax the form and attached documents. It is important to write your name and contact number on the letter or any other documents before you mail.


There are certain situations when you should not file form 8857. Some of them are:

  • Your answer to the first question on Form 8857 is NO.
  • You already entered into a closing agreement with the IRS for the same liability
  • You have accepted an offer in compromise with the IRS
  • The court reviewed your case but did not approve .

Final Words

The process of filing form 8857 for innocent spouse tax relief is not easy. It is, therefore, advisable to consult a professional IRS tax attorney to solve your tax-related issues. If you are looking for an IRS attorney to get relief from joint tax liability, the Law Office of Nick Nemeth is the best option. Nick Nemeth is a tax attorney who specializes in solving IRS tax debt issues. Fill out the contact form or call at  (972) 426-2553 and request a free consultation  to discuss your problem with the professional tax attorneys. You can also email us at info@myIRSteam.com

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