8857 Relief for Innocent Spouse Relief

8857

Form
(Rev. June 2021)
Department of the Treasury
Internal Revenue Service (99)

Request for Innocent Spouse Relief
OMB No. 1545-1596
▶

Go to www.irs.gov/Form8857 for instructions and the latest information.

IMPORTANT THINGS YOU SHOULD KNOW
• Do not file this form with your tax return. See Where To File in the instructions.
• See the instructions for this form and Pub. 971, Innocent Spouse Relief, for help in completing this form and for a

description of the factors the IRS takes into account in deciding whether to grant innocent spouse relief. The Form 8857
instructions and Pub. 971 are available at www.irs.gov.
• Attach the complete copy of any document requested or that you otherwise believe will support your request for relief.
• The IRS is required by law to notify the person listed on line 6 that you have requested this relief. That person will have
the opportunity to participate in the process by completing a questionnaire about the tax years you enter on line 3 (the
years for which you want innocent spouse relief).
• The IRS will not disclose the following information: your current name, address, phone numbers, or employer(s).
• Note: If you petition the Tax Court to review your request for relief, the Tax Court may only be allowed to consider

information you or the person on line 6 provided us before we made our final determination, additional information we
included in our administrative file about your request for relief, and any information that is newly discovered or previously
unavailable. Therefore, it is important that you provide us with all information you want us or the Tax Court to consider.
Note: If you need more room to write your answer for any question, attach more pages. Be sure to write your name and social
security number on the top of all pages you attach.

Part I

Should you file this form?

Generally, both taxpayers who file a joint return are responsible, jointly and individually, for paying any tax, interest, or penalties
from your joint return. 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.
Innocent spouse relief may also be available if you were a resident of a community property state (see list of community property
states in the instructions) and did not file a joint federal income tax return and you believe you should not be held responsible for
the tax attributable to an item of community income.
1

2

3

Do either of the paragraphs above describe your situation?
Yes. You can file this Form 8857. Go to line 2.
No. Do not file this Form 8857, but go to line 2 to see if you can file a different form.
Did the IRS take your share of a joint refund from any tax year to pay any of the following past-due debt(s) owed ONLY
by the person listed on line 6?
• Child support
• Spousal support
• Student loan (or other federal nontax debt)
• Federal or state taxes
Yes. You may be able to get back your share of the refund. See Form 8379, Injured Spouse Allocation, and its instructions.
Go to line 3 if you answered “Yes” to line 1.
No. Go to line 3 if you answered “Yes” to line 1. If you answered “No” to line 1, do not file this form.
If you determine you should file this form, enter each tax year you want innocent spouse relief. It is important to enter the correct
year. For example, if the IRS used your 2020 income tax refund to pay a 2018 joint tax liability, enter tax year 2018, not tax year 2020.
Tax Year
Tax Year

Part II

Tax Year
Tax Year

Tax Year
Tax Year

Tell us about yourself and the person listed on line 6 for the tax years you want relief.

4

Is English your primary or preferred language?
Yes.
No. If “No,” what is your primary or preferred language?

5

Your current name (see instructions)

Your social security number

Address where you wish to be contacted. Check here if you want the IRS to send all mail for you, including legal notices,
to this address (see instructions): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County

Number and street or P.O. box

Apt. no.

City, town or post office, state, and ZIP code. If a foreign address, see instructions.

Best or safest daytime phone
number (between 6 a.m. and
5 p.m. Eastern time)
Check here if you consent to
the IRS leaving a voicemail
message at this number ▶

For Privacy Act and Paperwork Reduction Act Notice, see instructions.

Cat. No. 24647V

Form 8857 (Rev. 6-2021)

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Form 8857 (Rev. 6-2021)

Your current name

Your social security number

Note: If you need more room to write your answer for any question, attach more pages. Be sure to write your name and social security
number on the top of all pages you attach.
6
Who was your spouse for the tax years you want relief? File a separate Form 8857 for tax years involving different spouses
or former spouses.
Social security number (if known)

That person’s current name
Current home address (number and street) (if known). If a P.O. box, see instructions.
City, town or post office, state, and ZIP code. If a foreign address, see instructions.

7

Apt. no.
Daytime phone number
(between 6 a.m. and 5 p.m.
Eastern time)

What is the current marital status between you and the person on line 6?
Married and still living together
Married and living apart since
MM/DD/YYYY

Widowed since

Attach a photocopy of the death certificate and will (if one exists).
MM/DD/YYYY

Attach a photocopy of your entire separation agreement.

Legally separated since
MM/DD/YYYY

Attach a photocopy of your entire divorce decree.

Divorced since
MM/DD/YYYY

8

Note: A divorce decree stating that your former spouse must pay all taxes does not necessarily mean you qualify for relief.
What was the highest level of education you had completed when the return or returns were filed? If the answers are not
the same for all tax years, explain below.
Did not complete high school
High school diploma or equivalent
Some college
College degree or higher. List any degrees you have ▶
List any college-level business or tax-related courses you completed ▶
Explain ▶

9

When any of the returns listed on line 3 were filed, did you have a mental or physical health problem or do you have a
mental or physical health problem now? If the answers are not the same for all tax years, explain below.
Yes. Attach a statement to explain the problem and when it started. Provide photocopies of any documentation, such as
medical bills or a doctor’s report or letter.
No.
Explain ▶

10

Part III
11

Yes

Is there any information you are afraid to provide on this form, but are willing to discuss?

No

Tell us if and how you were involved with finances and preparing returns for the tax years you want relief.

Did you intend to file a joint return for the tax year(s) listed on line 3? See instructions.
Explain why or why not ▶

Yes

No

Form 8857 (Rev. 6-2021)

Form 8857 (Rev. 6-2021)

Your current name

Page 3

Your social security number

Note: If you need more room to write your answer for any question, attach more pages. Be sure to write your name and social security
number on the top of all pages you attach.
12

Describe your involvement in preparing the returns. Include details such as whether you prepared or assisted in the
preparation of joint returns (for example, by providing Forms W-2 or 1099, gathering receipts, canceled checks, or other
documentation), and whether you reviewed the returns before they were filed (and, if you did not review them, why not). If you
were not involved in preparing the returns, did you agree to file the joint returns or did you know that the joint returns were
filed? Explain below.

13

Explain what you knew about the income of the person on line 6 when the returns were filed. For example, describe each
type of income that person had (such as wages, social security, gambling winnings, or self-employment business income), the
amount of each type of income, and the year it was received. If that person had income you didn’t know about when the
returns were filed, explain why you did not know. If the person on line 6 was self-employed, explain whether and how you
helped that person with the books and records.

14

Explain what you knew about any missing information on the returns when they were filed, and whether you asked about
anything on the returns that you knew was missing. Also, explain what you knew about any incorrect information on the
returns, even if you did not know the information was incorrect when the returns were filed, and whether you asked about
anything on the returns that was incorrect. For example, if there was a deduction or credit on the returns, were you aware of any
facts that made the item not allowable as a deduction or credit? If the answer is not the same for all tax years, explain below.

15

If the returns showed a balance due to the IRS, explain when and how you thought the balance due would be paid. If
you didn’t know the returns showed a balance due, explain why not.

16

Describe any financial problems you were having when the returns were filed, such as bankruptcy or bills you could not
pay. If the financial problems were not the same for all tax years, explain below.

17

Describe how you were involved in the household finances and your role in deciding how money was spent. For example,
explain whether you and the person on line 6 had joint accounts and how you or the person on line 6 used them (such as by
making deposits, paying bills from those accounts, or reviewing the monthly bank statements). Explain what you knew about
any separate accounts the person on line 6 had. If your involvement was not the same for all tax years, explain below.

18

For the years you want relief, did you or the person on line 6 incur any large purchases and/or expenses?
Yes
No
If “Yes,” describe any large expenses you or the person on line 6 incurred (such as trips, home improvements, or private
schooling), or any large purchases you or the person on line 6 made (such as automobiles, appliances, jewelry, etc.). Include
the types and amounts of the expenses and purchases and the years they were incurred or made.

Form 8857 (Rev. 6-2021)

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Form 8857 (Rev. 6-2021)

Your current name

Your social security number

Note: If you need more room to write your answer for any question, attach more pages. Be sure to write your name and social security
number on the top of all pages you attach.
19

Did the person on line 6 transfer any assets to you?
Yes
No
If “Yes,” list the assets (money or property, such as real estate, stocks, bonds, or other property) the person on line 6
transferred to you. Include the dates they were transferred and their fair market value on the dates of transfer. If the property
was secured by any debt (such as a mortgage on real estate), explain who was responsible for making payments on the debt,
how much was owed on the debt at the time of transfer, and whether the debt has been satisfied. Explain why the assets were
transferred to you. If you no longer possess or own the assets, explain what happened to the assets.

Part IV
20

Tell us about your current financial situation.

Tell us about your assets. Your assets are your money and property. Property includes real estate, motor vehicles, stocks,
bonds, and other property that you own. In the table below, list the amount of cash you have on hand and in your bank
accounts. Also, list each item of property, the fair market value (as defined in the instructions) of each item, and the balance of
any outstanding loans you used to acquire each item.
Description of Asset

21
22

Fair Market Value

Balance of Any Outstanding Loans
You Used To Acquire the Asset

How many people are you currently supporting, including yourself?
Tell us your current average monthly income and expenses for your entire household.
Monthly Income—If family or friends are helping to support you, include the amount of support as gifts below.
Gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wages (gross pay) . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unemployment . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social security . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Government assistance, such as housing, food stamps, grants, etc. . . . . . . . . . .
Alimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child support . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Self-employment business income . . . . . . . . . . . . . . . . . . . . .
Rental income . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interest and dividends
. . . . . . . . . . . . . . . . . . . . . . . . .
Other income, such as disability payments, gambling winnings, etc. List each type below:
Type
Type
Type
Total Monthly Income

Amount

Form

8857 (Rev. 6-2021)

Page 5

Form 8857 (Rev. 6-2021)

Your current name

Your social security number

Note: If you need more room to write your answer for any question, attach more pages. Be sure to write your name and social security
number on the top of all pages you attach.
Monthly Expenses—Enter all expenses, including expenses paid with income from gifts.
Amount
Food and Personal Care:
Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housekeeping supplies
. . . . . . . . . . . . . . . . . . . . . . . .
Clothing and clothing services . . . . . . . . . . . . . . . . . . . . . .
Personal care products and services . . . . . . . . . . . . . . . . . . . .
Transportation:
Auto loan/lease payment, gas, insurance, licenses, parking, maintenance, etc. . . . . . .
Public transportation . . . . . . . . . . . . . . . . . . . . . . . . .
Housing and Utilities:
Rent or mortgage . . . . . . . . . . . . . . . . . . . . . . . . . .
Real estate taxes and insurance . . . . . . . . . . . . . . . . . . . . . .
Electric, oil, gas, water, trash, etc. . . . . . . . . . . . . . . . . . . . . .
Telephone and cell phone . . . . . . . . . . . . . . . . . . . . . . . .
Cable and Internet . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical:
Health insurance premiums . . . . . . . . . . . . . . . . . . . . . . .
Out-of-pocket expenses . . . . . . . . . . . . . . . . . . . . . . . .
Other:
Child and dependent care . . . . . . . . . . . . . . . . . . . . . . . .
Caregiver expenses . . . . . . . . . . . . . . . . . . . . . . . . . .
Income tax withholding (federal, state, and local) . . . . . . . . . . . . . . . .
Estimated tax payments . . . . . . . . . . . . . . . . . . . . . . . .
Term life insurance premiums . . . . . . . . . . . . . . . . . . . . . .
Retirement contributions (employer required) . . . . . . . . . . . . . . . . .
Retirement contributions (voluntary) . . . . . . . . . . . . . . . . . . . .
Union dues
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unpaid state and local taxes (minimum payment) . . . . . . . . . . . . . . . .
Student loans (minimum payment) . . . . . . . . . . . . . . . . . . . . .
Court-ordered debt payments (for example, court- or agency-ordered child support, alimony, and
garnishments). List each type below:
Type
Type
Type
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total Monthly Expenses

Part V

Complete this part if you were (or are now) a victim of domestic violence or abuse.

This information is not mandatory. See Pub. 971 for assistance. If you have concerns about your safety, please consider
contacting the confidential 24-hour National Domestic Violence Hotline at 1-800-799-SAFE (7233), or 1-800-787-3224 (TTY), or
1-855-812-1001 (video phone, only for deaf callers).
23a

Were you or a member of your family a victim of abuse or domestic violence by the person on line 6? (Abuse includes physical,
psychological, sexual, emotional, or financial abuse, and can include the abuser making you afraid to disagree with him or her
or causing you to fear for your safety.)
Yes. Complete the questions below. We will put a code on your separate account. This will enable us to respond
appropriately and be sensitive to your situation.
Note: We will remove the code from your account if you request it. If you do not want us to put the code on your account
check here.
No. If “No,” go to Part VI.
Form 8857 (Rev. 6-2021)

Page 6

Form 8857 (Rev. 6-2021)

Your current name

Your social security number

Note: If you need more room to write your answer for any question, attach more pages. Be sure to write your name and social security
number on the top of all pages you attach.
b Describe the abuse you experienced, including approximately when it began and how it may have affected you, your children,
or other members of your family. Explain how this abuse affected your ability to question the reporting of items on your tax
return or the payment of the tax due on your return. Please attach a written statement, if needed.

c

Are you afraid of the person listed on line 6?

d

Does the person listed on line 6 pose a danger to you, your children, or other members of your family?

Yes

No

Yes

No

To properly evaluate your claim, please attach copies of documentation you may have, for example:
• Protection and/or restraining order;
• Police reports;
• Medical records, including those of therapists or counselors;
• Doctor’s report or letter;
• Injury photographs;
• A statement from someone who was a victim of or witnessed the abuse or the results of the abuse; and
• Any other documentation you may have.

Part VI
24

Part VII
25

Additional information

Please provide any other information you want us to consider from the years that this form is about or any other years
during which you filed a joint return with the person you listed on line 6 in determining whether it would be unfair to
hold you liable for the tax.

Tell us if you would like a refund.

By checking this box and signing this form, you are indicating that you would like a refund if you qualify for relief
and if you already paid the tax. See instructions . . . . . . . . . . . . . . . . . . . . . . . .
Reminder: Please attach the complete copy of any document requested or that you otherwise believe will support your
request for innocent spouse relief.

Caution:

By signing this form, you understand that, by law, we must contact the person on line 6. See instructions for details.

Sign
Here

Paid
Preparer
Use Only

▲

Keep a copy
for your
records.

Under penalties of perjury, I declare that I have examined this form and any accompanying schedules and statements, and to the best of my knowledge and
belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.

Your signature

Print/Type preparer’s name

Date

Preparer’s signature

Date

Check
if PTIN
self-employed

Firm’s name

▶

Firm’s EIN

Firm’s address

▶

Phone no.

▶

Form 8857 (Rev. 6-2021)