If my fiance owes back taxes can they garnish my wages?

Answer 1

You are never legally responible for anyone else's debts unless you are in a joint contract with then, a mortgage for example.

However, if you file a joint tax return, the IRS can seize the entire return to pay his back tax debt unless you fill out the form for innocent spouse relief.

If you have reason to believe that your fiance is going to have future tax problems, I suggest never filing a joint tax return with him. It will cost you in the future, like when you have children together, because you will lose possible tax credits by filing separate tax returns.

If this is a one time deal, then go ahead and file joint tax returns.

Answer 2

NO! PERIOD! If your signature is not on the tax return, YOUR wages are safe. Merely getting married does NOT expose you to liability for his or her tax debt.

However, it's not all roses if you decide to get married. If you co-mingle any assets such as a home, bank accounts, investments, etc. they CAN be at risk at least to the extent of his or her ownership of the assets. Also, any refund for a jointly filed tax return (Federal or State) CAN be captured in full for his debt unless you file an Injured Spouse Allocation form with every joint return. For this reason it would be a wise idea to discuss your plans with your attorney and a qualified tax advisor prior to proceeding. It is possible to protect yourself but you may have to plan carefully or make some tough decisions prior to the wedding.

Personally I don't recommend ever marrying someone with "tax issues" until they are fully resolved. The strife that they cause has torn apart far more marriages than they ever held together.

Answer 3

Not unless you cosigned for whatever the debt was. And the answer is the same for AFTER you are married for debts he had before you were married, although that can get tricky if you live in a community property state. If you file a joint tax return after you're married, they can take the entire refund unless you file an injured spouse form with the return, then they can only take the portion that's due to HIS wages and deductions.

Answer 4

It depends. If you are in a community property state, half your wages are her community property and subject to an IRS levy. In any case, her tax problems will be an albatross around your neck. If she has nothing and you have some resources, you could provide funds for her to make an offer in compromise before you get married. I had one of my tax clients do this and it worked out great.

Answer 5

Get a new fiance. All ready shows signs of financial irresponsibility.

Answer 6

they can't take your wages. yet they'd take any refund which you will get by using submitting mutually. all people who intentionally avoids paying their taxes isn't a sensible determination for a companion. think of earlier you bounce.

Answer 7

I confir with Thin...the only way your wages can become garnished is if you are married, then that makes you legally responsible for all his back taxes.

This should be something to really think about, considering money is a major factor in marriages and staying together. If he cannot handle finances now, just imagine what could happen if you are both legally responsible for "mis-haps" or "mis-managment" of money.

Answer 8

They are both correct. No obligation until you get married. Then you become responsible. However you can file an Injured Spouse request stating that you are not responsible for his taxes because they occurred before you were married

Answer 9

Not until AFTER you are married, then they can.

Can you find another one whose exactly the same except better at basic math? The only way to owe back taxes is to spend more than you actually have.