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MI Form 8857: What You Should Know

This form should appear on your tax return. The Form 8857 should contain the following information: • A general description of the situations to arise and the facts which are the basis for the request; • Information on the requesting spouse (or if you are filing jointly, both), and the individuals in whose behalf the petition is filed; • Any information showing that you should, in the opinion of the IRS, be, or that the circumstances of the relationship of the claiming spouse make, more likely than not, that the individual should be, held liable for the entire of your tax liability; and • Any additional information that reasonably appears to be necessary to support the request. Acknowledging the presence of IRS Form 8857 will help to ensure that you have a complete understanding of the circumstances which require the filing of the Form 8857. When you are ready to complete or sign the form, print this complete form and sign it. What is a request for innocent spouse relief? A request for innocent spouse relief gives the IRS sufficient evidence on which they may base a decision to deny: a refund of overpayments or over-invoices by a spouse of a taxpayer who filed Form 8857, and any penalties that might be imposed for those overpayments or over-invoices and any interest that may be compounded as a result of the denial of a refund and penalties. What are the requirements for a request for innocent spouse relief? To request innocent spouse relief, the requesting spouse must provide the following information to the IRS: The name of the filing spouse; The name of the individual filing the Form 8857; The exact nature of the situations that the requesting spouse is addressing; • • • • • • • How to Request Innocent Spouse Relief (Rev. 2018) Form 8857 and the accompanying supporting documents must be prepared and prepared and signed by each person claiming to be an innocent spouse seeking innocent spouse relief. Where do an Innocent Spouse and a Claimant of Tax Debts for a Separate Tax Year Meet? An innocent spouse has not paid any taxes on an individual from whom he or she is receiving innocent spouse relief or tax refund.

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