How do I get a refund if I am granted innocent spouse relief?

How do I get a refund if I am granted innocent spouse relief?

If you are due a refund, Form IL-8857 serves as your claim for refund of any overpayment due you as a result of innocent spouse relief.  You do not have to file any other forms to request a refund.

There is no time limit for making an innocent spouse claim.  However, we will only issue a refund for a tax year if we receive your Form IL-8857 within three years after the extended due date of your original Form IL-1040, three years after the date you filed your original Form IL-1040, or one year after you paid the Illinois tax, whichever is latest.

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

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