Will the IRS come after a spouse money when the other spouse has not filed taxes?

Question

My little sister married a real loser last year. The guy has not really worked steady and now to make matters worse she just found out he has not filed in three years. Will the IRS garnish her wages? she has not changed her last name. He told he that he has paid tax from his pay check so why file.

Answer 1

She's not responsible for any tax debt for any tax years prior to their marriage. She is also not responsible for any tax debt after the marriage IF she files a separate return and pays her own taxes. If he refuses to file, then she must file her own separate return to stay out of trouble with the IRS.

I'd also suggest that she get her own bank account. If her money is in a joint account with his, the IRS can attach the entire account balance for his tax debt even if all of the money in it was "her" money to begin with.

Answer 2

you won't be able to record single once you're nonetheless married. yet you're waiting to get tax alleviation from the IRS. specially circumstances, an greater half (or former spouse) would be relieved of the tax, activity, and outcomes on a joint tax return. 3 varieties of alleviation are obtainable to married persons who filed joint returns. a million. harmless spouse alleviation. 2. Separation of legal accountability alleviation. 3. Equitable alleviation. Married persons who did no longer record joint returns, yet who stay in community materials states, could additionally qualify for alleviation. See IRS booklet 971 and type 8857 for further information.

Answer 3

All he needs to do is file those taxes. If his withholding covers his taxes, there really isn't a big problem. If he owes taxes, and he will not pay them by the time the next tax return is due, then your sister needs to file separate from him. If she insists on filing a joint return with him, she should include Form 8379 with the tax return.

Answer 4

Your brother in law might believe that since his income is irregular and not a great lot, that he does not have to file because his income is low enough that he is exempt from filing a return.

However, as a spouse, your little sister is liable for any income taxes on his income, equally with him, for the time of the marriage.

His belief that the taxes are already paid, having been deducted from his paycheck, can be a problem, because if he claimed your sister as a dependent on his W-4, his deductions might not be sufficient to cover the entire taxes on his income.

Answer 5

Yes, they will. However, there is a way for the innocent party to avoid this. Your sister will need to include an Injured Spouse form with the joint return. I forget the form number, but I had to file it once. That will work, so tell your sister not to sweat it. The only drawback is that if you have a refund coming, it will take a few weeks longer.

Answer 6

1st of all if he does not owe income tax he has 7 years to file...if he owes is when she is in trouble. If he owes then she owes as his spouse (assuming they were married at the time he incured the back taxes). If they weren't married at the time she shouldn't owe anything.

PS if they were married why was she filing and he wasn't, they are supposed to file jointly or the tax rate is almost double what it is otherwise.

Answer 7

Yes, they will. She needs to find a tax lawyer real quick.

Answer 8

Technicaly he does noy have to file unless he owes money....you say he has not worked...therefore he does not have to file...it is all on your sister for marrying a loser.

Answer 9

im calling them.. they will tell me