My husband and I are currently going through a divorce. He was self-employed, so he was supposed to take taxes out of his own check. Unfortunately, he didn't do it, and now owes the government over $3000. He told me that since we were married during that time, I am responsible for it too, and if I don't help him pay it, the government will go after me as well. I don't know if he is just trying to threaten me or if he actually knows that. I am talking to a lawyer this afternoon, but would like an idea of what he will say.
2007-11-01 03:30:17 · 10 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
You have several things to consider. As an initial matter, because you are in the process of going through a divorce, you can address this as part of the divorce decree. Don't just assign the tax liability to your future ex-husband, but actually make a payment to the IRS part of the agreement.
Also, you might want to look at Publication 971 on the IRS webpage, which discusses "Innocent Spouse Relief" and "Equitable Relief." This may not apply to your situation, but it is probably worth investigating.
In any case, talking to an attorney is a good idea.
2007-11-01 06:08:06 · answer #1 · answered by ? 6 · 0⤊ 3⤋
ooh - regrettably - the IRS will bypass after whoever looks maximum keen to pay and because you've been married a minimum of area of the 365 days, you receives tagged for it. this may be an problem for civil court when you're forced to pay his taxes.
2016-10-23 05:20:07 · answer #2 · answered by ? 4 · 0⤊ 0⤋
If you filed a separate return, you are home free. If you filed a joint return, you are responsible for everything that is on it unless you qualify for innocent spouse relief (which I doubt you do.) Part of the tax on a joint return filed by a self employed person is self-employment tax; social security and medicare tax for the self-employed. As a wage earner, the tax comes out of your paycheck; as a self-employed person, you write a check. I suggest your lawyer ask for a property settlement that calls for you to split the income tax and him pay his self-employment tax.
2007-11-01 04:43:04 · answer #3 · answered by Anonymous · 0⤊ 3⤋
Are you referring to the tax return which you jointly filed, or for the tax return for 2007 that must be filed in 2008?
If you are referring to a joint tax return that has already been filed, you are jointly responsible for it. You need to address this issue now or it will follow you after you divorce him. He could hide his self-employment income, and any refunds you may get in the future would be seized until the taxes were paid (this happens frequently).
If you are referring to the taxes for 2007, you have to decide whether to share the taxes or not based on your particular circumstances.
However if you file a separate tax return for 2007, or if you are not required to file a tax return, refuse to sign a joint tax return, then the IRS cannot come after you for the tax debt.
If you choose not to file a joint return, I believe it would be prudent to file a separate return and get that sent in immediately after January 1 even if you are not required to file. Then if he forges your name on a joint return the IRS will reject it.
2007-11-01 08:54:33 · answer #4 · answered by ninasgramma 7 · 0⤊ 3⤋
Your are jointly responsible for the bill IF you file a joint return. Head him off at the pass and file a separate return. That will force him to do the same and pay his own tax bill!
2007-11-01 03:54:38 · answer #5 · answered by Bostonian In MO 7 · 3⤊ 3⤋
ABSOLUTELY NOT! - You can file married-separately even if you are still fully married - you are not responsible for his business taxes - he's just trying to scare you - he doesn't have as leg to stand on saying the gov will come after you - that's crap - and if you get a refund while filing separately - you do not have to share it with him either. - take the money and run
2007-11-01 04:34:05 · answer #6 · answered by Anonymous · 1⤊ 3⤋
If you filed a joint return with him, then the IRS will hold each of you liable and get it from whoever they can. If you didn't file a joint return, then no unless you have a written agreement with him that says you'll pay it.
2007-11-01 03:43:02 · answer #7 · answered by Judy 7 · 1⤊ 3⤋
It depends on what state you are in.
But typically you are half of a team when married, and you enjoy half of the benefits and half of the burdens, including taxes.
If you two are selling everything and splitting the proceeds, or each funding half of the shortage, you can just add the tax bill to the pot.
Cheers.
2007-11-01 03:40:15 · answer #8 · answered by Perplexed 5 · 0⤊ 5⤋
Call the IRS, they will give you a definite answer. Did you file jointly? They make ask you to pay half then.
2007-11-01 03:39:16 · answer #9 · answered by jellybelly 4 · 1⤊ 4⤋
unless you were legally seperated you are also responsible :(
2007-11-01 03:37:57 · answer #10 · answered by jmd72inva 6 · 0⤊ 5⤋