Submitting and filing for innocent spouse relief the correct way is necessary to be successful in receiving this type of tax relief. If not done correctly, it is likely you won't have another chance at filing for that year. When filing you need to know exactly why you meet the requirements. If you do not qualify for innocent spouse relief, it is possible that you may qualify for equitable relief or separation of liability.
When applying for spouse relief with with internal revenue services, you are required to file IRS form 8857. If you see people say form 1250 is required, it is no longer a requirement and all information were merged for form 8857. With this one form you will be able to request innocent spouse relief, separation of liability and equitable relief. If you apply for only one type of relief and you do not qualifying for others, the IRS may qualify you for other types. You can apply for more than one type though, so apply for all that you meet the requirements for. Better to be safe than sorry because once lost you cannot take back.
When filing form 8857 it is important to answer personal questions truthfully. This form will evaluate your individual situation and will be used to determine if you qualify for innocent spouse relief. Some sections on this form may ask personal and sensitive information. Even if it is hard to answer, it is very important to answer. Outline exactly how you qualify before filling out this form, it will make sure you show the IRS exactly what they are looking for.
Send a letter as well with your form 8857 to help your chances of success. This should be used to stress particular instances you feel you couldn't not stress in the form 8857. The more the better because the IRS has final say. There isn't necessarily a set formula in which you are guaranteed relief. The IRS takes this on a case by case basis and heavily weighs individual circumstances.
In conclusion, more is better when applying for IRS innocent spouse relief. Read through all of the requirements needed to qualify for each type of relief, make a list of exact examples of how you qualify. Go the extra mile to provide an additional explanation in a letter. The more examples and support you show the better. Since this is so difficult to get, it is always good to consider a tax specialist.
