if I get married and still owe taxes can they take my wife's income tax return to off set what I owe?
2007-08-04 02:58:34 · 5 answers · asked by mattbf2003 3 in Business & Finance ➔ Taxes ➔ United States
I am paying through an installment agreement......
2007-08-04 03:05:46 · update #1
Any refund due will be taken to offset your debt. Your wife can file a Form 8379 with your joint return to protect her proportional share of any refund due. Although it can be e-filed or filed after the fact, I'd strongly urge you to file a paper return with the 8379 attached. There will be a significant delay in receiving any refund due, typically 8 - 12 weeks in most cases, due to the processing time involved.
A smarter way would be to carefully set up your withholding allowances so that there is little or no refund due when you file. Ideally you want a small debt at filing time which of course you'll pay in full with the return. This way there can be no offset at all.
2007-08-04 03:12:13 · answer #1 · answered by Bostonian In MO 7 · 2⤊ 0⤋
Your wife would have to file an injured spouse form with your tax return if you file Married Filing Joint once you get married. Once you get married, no matter when during the year, you are considered married for the entire year under the IRS regulations. You have two options once you are married to either file Married Filing Joint or Married Filing separate. Your new wife would not be held responsible for a tax liability that resulted from a tax period where she was not indentified as a person liable for the tax due. Hence the injured spouse form.
Some additional advice, if and when you get married, make sure you consult a competent tax professional who can assist you with preparing your return, associated forms and injured spouse form. If you don't and the forms are not properly filed, the IRS can and will confiscate any refund that may be due to your spouse.
Finally, if you haven't already done so, make arrangements to file any returns and pay all the back taxes and penalities as soon as possible. You can setup a payment plan with the IRS for a fee, but the interest is stiff. If you live in a state that has an income tax you will have to correct matters with them if you owe them as well.
Terry D.
2007-08-04 03:26:13 · answer #2 · answered by Terry D 1 · 1⤊ 0⤋
No, just yours. But if you file a joint return, she'll have to file an injured spouse form to still get her share of the joint refund.
2007-08-04 03:26:06 · answer #3 · answered by Judy 7 · 0⤊ 1⤋
No if she is eligible and files a form (8857) I would talk to a tax advisor.
2007-08-04 04:45:33 · answer #4 · answered by Gary 5 · 0⤊ 1⤋
pay it had trouble with the tax deparmtnet in the 80s and they made me pay every dime.
2007-08-04 03:02:46 · answer #5 · answered by Michael M 7 · 0⤊ 1⤋