My husband and I are separated but I do not want to take any legal steps yet. We filed for our taxes as a married couple,together so we don't have to pay that double fee...that was when we were still together.It came to that he owes about $600 in taxes and has not paid any of it yet.He did agree it was money that he owed and would responsibly pay it,but obviously that is not the case.Im wondering..when we file for taxes on the beginnin of 08,this time individually,who are they going to charge for the owed money????He is ruining everything for me.Should I let him file first so they charge him, or how does it exactly work??
2007-12-15 11:33:17 · 6 answers · asked by Rain 1 in Business & Finance ➔ Taxes ➔ Other - Taxes
The money that is owned is by him.I know this because when we were doing our taxes,they told us if we filed seperately,Id be the one gettin money back and hed be the one owing money.I know it prob does not matter since we filed jointly.I just wanted to know if they will take it out of whoever's files first next year.Or how to avoid paying it instead of his irresponsible ***.
2007-12-15 11:54:47 · update #1
Both of you are on the hook if you filed jointly. Any personal arrangement that you two made does not supercede the fact that both of your names where on the joint return. Unfortuantely it looks like the $600 will need to get paid before either of you can expect a return. If you want to take the gamble, and let him file first, just make sure it is in by April 15th, or that you have an extension granted.
2007-12-15 11:46:54 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Back up. You filed jointly, so if he owes $600 in back taxes, SO DO YOU. You are jointly responsible for the same taxes he is and the IRS will collect from either one of you until it's paid. (Once you filed jointly, the fact that you would have had a refund on an MFS return is no longer an issue.)
The IRS doesn't care that he said he'd pay it. They process the tax return, see a refund, check to see if you owe and offsets the amount needed to pay the tax bill.
Short answer, yes you can stall and try to file after he does. But, guess what, he owed last year. Odds are, he'll owe this year too and it won't make any difference. (You should know if you still owe--the IRS is sending bills in both of your names to the last known address for you.)
Ignore the person who recommended filing MFS with an injured spouse form. This form is not used for this purpose. If someone suggests you file an Innocent Spouse form, yeah, you could, but you signed that joint return knowing the amount due at the time. The IRS rarely grants relief in those circumstances.
2007-12-15 19:43:47 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Do you have a separation agreement or decree issued by a court? The IRS doesn't care which of the two joint filers they collect from as long as they get it. You're both jointly and severably liable. He may have decided to decrease his withholding this past year, and if so, you don't want to file jointly again with him if you don't trust him. (That said, combined, you both will almost certainly pay more in taxes as a whole filing married filing separate, but it's a safer move...)
You won't get relief from the IRS--but if you have a separation agreement and he agreed to pay, you can enforce his promise through the court. A good tax professional can help you decide what filing status to use (3) and how to calculate fairly what each of you should pay--it would be a good year to NOT do your taxes on your own.
2007-12-17 17:20:13 · answer #3 · answered by LEW 3 · 0⤊ 0⤋
Since you filed jointly, you are each responsible for the back amount, even if it was due to his actions in the first place, and even if he agrees that it's his responsibility to pay it. The IRS will take the money from whichever one of you they can get it from.
You do have a point - if he files first and has a refund large enough to cover it, they'd probably just take it from his and yours would be OK.
2007-12-15 20:00:46 · answer #4 · answered by Judy 7 · 1⤊ 0⤋
you will have to file married filing sep and request to file as an injured spouse. This will get you out of his penalties and what is owed. If you have children together, you need to file first.
2007-12-15 23:07:06 · answer #5 · answered by Anonymous · 0⤊ 2⤋
I'm not sure it may be safe to call the IRS and explain it to them they may be able to look up the info you need. Don't let this mess ruin your holiday, Marry Christmas and a happy safe New Year.
2007-12-15 19:43:08 · answer #6 · answered by Kitikat 6 · 0⤊ 2⤋