IRS Innocent / Injured Spouse Relief Applications

Timing

3–6 months (IRS review and determination)

If You Do It Yourself

Free. The IRS does not charge for these filings.

Delivery

Application confirmation and continued follow-up support through determination.

Eligibility

Married, divorced, or separated individuals with joint returns involving disputed tax debt

If your joint tax return resulted in a balance due because of your spouse’s income, errors, or omissions, you may be eligible for Innocent Spouse Relief or Injured Spouse Relief from the IRS. These programs allow you to remove or reduce your responsibility for tax debts caused by your partner’s actions — especially when you did not know (and had no reason to know) of the issue. Starting at $750 depending on complexity.

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DIY Step-by-Step Guide(No agent or lawyer)

Eligibility

You may qualify for Innocent Spouse Relief if

Your joint return includes incorrect income or deductions attributable to your spouse.

You did not know, and had no reason to know, of the error.

It would be unfair for the IRS to hold you liable for the resulting tax.

You may qualify for Injured Spouse Relief if

Your portion of a tax refund was used to pay your spouse’s past debts (such as federal or state taxes, child support, or student loans).

You can show that your share of the overpayment should be refunded to you.

Determine Which Type of Relief Applies

Use the IRS guide: https://www.irs.gov/taxtopics/tc205
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If your refund was offset to pay your spouse’s debt Injured Spouse Relief.
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If your joint return had incorrect reporting caused by your spouse
Innocent Spouse Relief.
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Cost
Free. The IRS does not charge for these filings.

Gather Supporting Documentation

Copies of all relevant tax returns and IRS notices.

Financial records showing separate income or accounts.

Marriage certificate or divorce decree if applicable.

Statement explaining your circumstances and financial hardship.

Complete the Correct IRS Form

Form 8857
Request for Innocent Spouse Relief
‍https://www.irs.gov/forms-pubs/about-form-8857

‍Form 8379
Injured Spouse Allocation
‍https://www.irs.gov/forms-pubs/about-form-8379

Mail or Fax Your Application

Form 8857
Mail to:
Internal Revenue Service
P.O. Box 120053
Covington, KY 41012
Fax: (855) 233-8558

Form 8379
If filing with a tax return → Attach to Form 1040 and submit together.
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If filing separately → Mail to the same IRS address used for your tax return.

Wait for Review

The IRS typically takes 3–6 months to process.

You may receive a request for additional documentation or an interview.

The IRS will notify both spouses of its determination in writing.

Appeal Option
(If Denied)

File Form 12509 (Statement of Disagreement) or request an appeal within 30 days of denial notice.

Common Mistakes People Make

Filing the wrong type of relief application (Injured vs. Innocent Spouse).

Submitting incomplete or unsigned forms.

Failing to provide documentation proving lack of knowledge or control.

Ignoring IRS requests for additional information.

Applying after the statutory deadline has passed (usually 2 years from IRS collection notice).

Documents & Information Needed

Thank you! Your submission has been received!