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                                                                     Tax Information 

                                                                     for Survivors of 
A series of informational publications designed to educate taxpayers Domestic Abuse
about the tax impact of significant life events.
                                                                       
                                                                     Tax Benefits and Credits

To apply for Innocent Spouse Relief, fill out IRS Form                                •  Obtain independent legal advice
8857,  Request for Innocent Spouse Relief, within                                     You have a responsibility to:
two years after the date the IRS first attempts to 
collect the tax from you. See IRS                                    Publication 971, •  File a timely return if you have income
Innocent Spouse Relief, for more information. You                                     •  Include all of your income on your return
may also wish to consult a professional advisor                                       •  Pay the taxes owed
for help. If you cannot afford to do so, help may be 
available through a law school or nonprofit tax clinic                                •  Read and comply with correspondence from the IRS
in your area. Refer to the free services outlined on                                  •  Notify the IRS of any name or address changes
the back of this brochure.
                                                                                      FREQUENTLY ASKED QUESTIONS
While the law requires the IRS to let your spouse (or former spouse) know 
if you file a Form 8857 for Innocent Spouse Relief, your privacy will be              Do I have to file a tax return?
protected. The IRS will not reveal to your spouse your new name, address,             Whether you have to file a tax return depends on your filing status, age, and 
employer, phone or fax number, or other information unrelated to a                    gross income. If you are married, you have the option to file either a joint 
determination of your claim.                                                          return or a separate return.

What tax or financial records should I keep?                                          See IRS Publication 501, Exemptions, Standard Deduction, and Filing 
You should keep receipts, canceled checks, Forms W-2 and 1099s, and                   Information, for more information.
any other records to help you prepare a complete and accurate income 
                                                                                      What if I need more time to prepare my tax return? What if I can’t pay 
tax return.
                                                                                      the tax I owe?
For more information on recordkeeping, see What Records Should I Keep?                If you cannot file your return by the due date, you may apply for an 
in IRS Publication 17, Your Federal Income Tax.                                       automatic 6-month extension of time using IRS Form 4868, Application 
                                                                                      for Automatic Extension of Time to File U.S. Individual Income Tax Return. If 
What other tax issues do I need to think about?                                       you cannot pay the full amount of tax shown on your return (or on a notice 
If you have questions regarding medical expenses, bad debts, or powers of  you received), you can request an installment agreement using Form 9465, 
attorney, the IRS has more resources to help you. Please call the numbers  Installment Agreement Request.
listed in this brochure, or check out the website for more information.
                                                                                      What if I move, get a new job, or go back to school? What if I get 
Domestic abuse is not just physical abuse. It often includes economic                 separated or divorced?
control. As a survivor of domestic abuse, you can take control of your                All of these situations can impact your taxes. When you have questions, you 
finances. An important part of managing your finances is understanding                should call the IRS, a tax professional, or check out the websites listed on 
your tax rights and responsibilities.                                                 the back of this brochure.

                                                                                      Does having children affect my taxes?
RIGHTS & RESPONSIBILITIES                                                             If you have a qualifying child, there are several tax credits that may reduce 
You have the right to:                                                                the amount of tax you owe. Some credits may also give you a refund, even 
•  File a separate return even if you’re married                                      if you paid little or no tax. But to get the benefit of these credits, you must 
•  See and understand the entire tax return (including supporting                     file a tax return.
documents) before signing a joint return
                                                                                      The Earned Income Tax Credit (EITC) may be available if you are working 
•  Refuse to sign a joint return                                                      and your earnings are low. The credit may be larger if you have one or more 
•  Request an automatic 6-month extension of time to file your tax return             children living with you. You cannot take this credit if you file as married 
                                                                                      filing separately, but if your spouse didn’t live in your home at any time 
•  Get copies of prior years’ tax returns from the IRS                                during the last six months of the year, you may be able to file as “head of 
•  Request relief from your spouse’s liability                                        household” and claim the EITC.

                                                                                                                                         continued...„



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...Divorce and non-custodial,

separated, or never married 
parents... (continued...)„

See IRS Publication 596, Earned Income Credit, for more information on the  You may be able to get free tax help. Volunteer Income Tax Assistance (VITA) 
credit, and IRS Publication, 501 Exemptions, Standard Deduction, and Filing   provides volunteers in local areas who prepare simple tax returns.
Information for more on filing as “head of household.”
                                                                              If you are a low income taxpayer who needs assistance in resolving tax 
The Child Tax Credit may reduce your tax or increase your refund for each  disputes with the Internal Revenue Service (IRS) and you cannot afford 
qualifying child. See IRS Publication 17, Your Federal Income Tax, for more  representation, or if you speak English as a second language and need help 
information.                                                                  understanding your taxpayer rights and responsibilities, you may qualify for 
                                                                              help from a Low Income Taxpayer Clinic (LITC) that provides free or nominal 
Finally, the Child and Dependent Care Credit may reduce your tax.             cost assistance. For additional information see IRS  Publication 4134, Low 
See IRS Publication 503, Child and Dependent Care Expenses, for more  Income Taxpayer Clinic List.
information.
What if the IRS says I owe more money because of my spouse or                 ADDITIONAL RESOURCES
former spouse’s earnings?                                                     Recognizing signs and patterns of domestic violence 
You may be surprised to know that when spouses file a joint return, either    www.mayoclinic.com/print/domestic-violence/WO00044/METHOD=print
spouse can be held liable for any tax later found to be due on the return, 
even if the parties later divorce or the tax bill arises because of the other  National Domestic Violence Hotline:
spouse’s transactions. This is called “joint and several liability.”          1-800-799-7233

The good news is that if the IRS determines that you owe additional tax       Call (800) 906-9887 or visit https://irs.treasury.gov/freetaxprep/ to find a 
based on your spouse’s share of the return, you may have a defense based      VITA site near you 
on the “innocent spouse” or “separate liability” provisions of the tax law.
                                                                              Call (888) 227-7669 or visit www.aarp.org/money/taxaide/ to find a Tax-
You may be eligible for Innocent Spouse Relief from the IRS, if you signed    Aide site near you. 
a joint return with your spouse and you thought your spouse had paid the 
taxes due. You also may be eligible if the IRS increased your taxes because  The Free File Program (free online tax preparation software). For more 
of your spouse’s unreported income or erroneous deductions, but you  information, visit           www.irs.gov/filing/Free-File-Do-Your-Federal-Taxes-
knew nothing about the unreported or improper items when you signed           For-Free
the return.
                                                                              Low-Income Taxpayer Clinics can provide tax advice and representation. 
                                                                              To locate one near you, visit       www.irs.gov/filing/Free-File-Do-Your-
REQUEST FOR PUBLICATIONS                                                      Federal-Taxes-For-Free .
Obtaining the publications referred to in this brochure is as easy as dialing 
a tollfree number or accessing a website.                                     •  The Taxpayer Advocate Service can intervene with the IRS in case of 
                                                                              economic harm, administrative delay, or impact on other legal rights. To 
                      Internal Revenue Service (IRS)                          locate the TaxPayer Advocate Service office nearest you, call 1-877-
                           www.irs.gov                                        777-4778.
                           IRS Tax Forms
                           1-800-TAX-FORM
                           (800-829-3676)
                           IRS Tax Information
                           1-800-TAX-1040
                           (800-829-1040)

             Publication 3865 (Rev. 10-2017)  Catalog Number 32346J  Department of the Treasury  Internal Revenue Service  www.irs.gov






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