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New Rule for Innocent Spouse Relief

The IRS announced that it will extend help to more innocent spouses by eliminating the two-year time limit that now applies to certain relief requests. After a thorough review:

  • The IRS will no longer apply the two-year limit to new equitable relief requests or requests currently being considered by the agency.
  • A taxpayer, whose equitable relief request was previously denied solely due to the two-year limit, may reapply using IRS Form 8857 Request for Innocent Spouse Relief, if the collection statute of limitations for the tax years involved has not expired.
  • The IRS will not apply the two-year limit in any pending litigation involving equitable relief, and where litigation is final, the agency will suspend collection action under certain circumstances.

    For more information, see:
  • Publication 971, Innocent Spouse Relief
  • News Release IR-2011-80
  • Notice 2011-70
  • Frequently Asked Questions     
Page Last Reviewed or Updated: 09-Apr-2014