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How do I claim an injured/innocent spouse relief?

 
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How do I claim an injured/innocent spouse relief?

To claim innocent spouse relief:

  • Go to My Account > Tools > Topic Search
  • Type 8857 in the search box and then 8857, request for innocent spouse relief should be highlighted.
  • Click Go.
  • Answer Yes to Do you want to claim innocent or injured spouse relief?
  • Proceed through the interview to complete form 8857.
To claim injured spouse relief:
  • Go to My Account > Tools > Topic Search
  • Type 8379 in the search box and then 8379, injured spouse claim and allocation should be highlighted.
  • Click Go.
  • Answer Yes to Do you want to claim innocent or injured spouse relief?
  • Click Continue through the next two questions without entering anything.
  • The injured spouse interview begins when you get to the Let's See if You Qualify for Injured Spouse Relief screen.

How do I claim an injured/innocent spouse relief?

How do I know which form to use?

How do I claim an injured/innocent spouse relief?

An innocent spouse filed a joint return but was unaware that their spouse deliberately under-reported their tax liability. By filing as an innocent spouse (Form 8857), s/he can be protected from additional taxes, penalties, and interest when the IRS later finds out about the unreported income.

In contrast, an injured spouse seeks to protect his or her share of the joint refund in case it gets seized or offset due to the other spouse's debts or unpaid obligations.
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