The year is 2006. Husband and wife file separately. One of the spouses owes income taxes. Can the IRS collect from the other spouse even though they filed separately.
2007-07-03 07:45:27 · 7 answers · asked by 1swing4all 2 in Business & Finance ➔ Taxes ➔ United States
This is a community property state-California but the taxes owed are Federal not State
2007-07-03 08:06:01 · update #1
It is not enough to file separate returns in a community property state, in order to separate the tax liabilities of the spouses.
If the tax owed was on community income, as defined by the State of California, and the spouse that did not owe tax did not apply for equitable relief as an "innocent spouse" using Form 8857, then the IRS is going to collect taxes from either spouse.
If the tax owed was on separate income, as defined by the State of California, then only the person with that income is liable for the tax, unless that person has filed a joint return, and then the spouse is also liable for the tax.
2007-07-03 11:36:56 · answer #1 · answered by ninasgramma 7 · 1⤊ 0⤋
One of the reasons that a married couple would file separate returns is to keep the debts to the IRS separate. So, no, the IRS cannot collect from the other spouse.
There's a situation in community property states, however, where the total income is considered to have been earned one-half by each spouse. From that standpoint if the "innocent" spouse has the greater actual income he or she could see part of it attached by the IRS. State law would trump in these cases.
2007-07-03 08:01:28 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Married, filing seperate, is just that, seperate. The IRS only goes after the person whose name and number is on the return. You could also file a joint return and include a form 8379; which is an Injured Spouse Allocation; that protects the non debt owing spouse's portion of the refund from the IRS.
2007-07-03 08:20:21 · answer #3 · answered by acmeraven 7 · 1⤊ 2⤋
There is a form you can file with the IRS which declares that you are not responsible for the spouse's debt. To do this successfully, you should really get some help from an accountant or tax attorney.
2007-07-03 07:53:31 · answer #4 · answered by Anonymous · 0⤊ 3⤋
No. If you file separately, you are each responsible for your own taxes owed.
2007-07-03 07:59:17 · answer #5 · answered by anonymous lucy 3 · 0⤊ 0⤋
Yes. Just because you file separately does not make you a separate entity. What debt you owe, your spouse owes.
2007-07-03 07:50:45 · answer #6 · answered by magix151 7 · 0⤊ 3⤋
No.
2007-07-03 07:55:51 · answer #7 · answered by Judy 7 · 0⤊ 0⤋