2007-11-09 14:13:56 · 10 answers · asked by popajohn_law 1 in Business & Finance ➔ Taxes ➔ United States
She will not be personally liable for the debt. However, if a joint return is filed, then the entire return will be used to pay off the debt unless she claims innocent spouse relief.
2007-11-09 23:20:22 · answer #1 · answered by Steve 6 · 0⤊ 0⤋
The state you are living in is very important. An injured spouse living in California will never see any part of the refund from the joint return until the tax bill is paid off. State law allows the debt to be collected from community assets.
Even if you live somewhere else, if you expect the marriage to last (and why would you get married if you didn't?), the two of you really need to work on getting rid of the IRS debt as quickly as possible.
2007-11-09 18:17:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you are in a community property state, community property is liable for the debts of either spouse. She will not be liable but her community property will. This is a subtle but important distinction. If you have a tax refund that she contributed to, it would be offset to your taxes. You should go to a family law attorney and have him or her draft a prenuptial agreement to protect her. If she has some resources that could be used to compromise your tax debt, it might be possible to resolve your problems for less than full payment. If you do this, it should be done before you say I do.
2007-11-09 14:31:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
1. No, it's your debt alone.
2. It could. If you file separate returns it will not. If you file a joint return it can unless she completes and attaches an Injured Spouse Allocation, Form 8379 to every joint return you file. That will protect her share of any refund due. How it will be divided will depend upon STATE law since it's treated differently if you are in a community property state than if you're in a common law state.
Debts incurred prior to the marriage and assets owned prior to the marriage are not part of the community property estate unless you take explicit action to make that so, so your spouse would not be liable for a tax debt that preceeded your marriage. Any debt AFTER the marriage would be treated differently of course.
2007-11-09 14:30:57 · answer #4 · answered by Bostonian In MO 7 · 1⤊ 0⤋
If you are the one marrying into the back taxes i think before Completing the Knot of marriage I would do more investigating. What else does this person Owe on? Getting marrie to one that owes back taxes could hinder the ablity of both to get a loan to buy things like a car or Real Estate until its cleared up... big things is I'd definately reconsider or put on hold till you find out the Rest of the Story if you are the one marrying into a person that owes back taxes... One question Will Lead To Many Other's....
2016-05-29 00:49:04 · answer #5 · answered by ? 3 · 0⤊ 0⤋
yes so if were u file ur taxes separately up until u fix it, or if she wants to help u out that is fine. but the best way is to consult ur accountant or tax preparer so that he could make reasonable arragement for ur back taxes, the government always do some payment arrangements.
2007-11-09 14:20:29 · answer #6 · answered by netz 3 · 0⤊ 1⤋
You and your spouse are liable for your past debts and if it's IRS their interest rate sucks, If you file jointly you will pay jointly.
2007-11-09 14:20:38 · answer #7 · answered by yur1chance 2 · 0⤊ 1⤋
Yes! they went after my moms check also when my step father owed them.Which is why I am waiting till my boyfriend pays his off then get married.
2007-11-09 15:11:52 · answer #8 · answered by billieleann78 4 · 0⤊ 1⤋
yes and yes . Unless you move out of the country
2007-11-09 14:18:27 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Well, if you are married, it would not be HER return, it would be YOUR (collectively) return.
You gotta pay it sometime dude. It's not just gonna go away.
2007-11-09 14:18:19 · answer #10 · answered by Anonymous · 2⤊ 1⤋