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How do I apply for innocent spouse relief?

You must complete a separate  Form IL-8857, Request for Innocent Spouse Relief, for each year you are requesting relief.  For each request, you must attach the following items, as applicable:

  • a copy of your original federal and Illinois income tax returns,
  • a copy of any amended federal and Illinois income tax returns,
  • a copy of federal Form 8857, Request for Innocent Spouse Relief, if you requested relief from the IRS,
  • any final determination of your federal or Illinois tax liability that you received from the IRS, Illinois Department of Revenue, or a court of law, including any grant or denial of innocent spouse relief, and
  • any other supporting documentation you believe would assist us in determining your eligibility.

Send your completed Form IL-8857, along with supporting documentation, to

ILLINOIS DEPARTMENT OF REVENUE
PROBLEMS RESOLUTION DIVISION
P.O. BOX 19014
SPRINGFIELD, ILLINOIS 62794-9014

For more information, see  Publication 125, Injured and Innocent Spouse Relief.

If you have additional inquiries, you may submit them on the Questions, Comments, or Requests form.