Friday, July 30, 2010

If I get married, do I become responsible for back taxes my new husband owes?

My new husband needs to file tax returns for years prior to us becoming married. If something goes wrong, could I be held responsible for back taxes he owes prior to our marriage?If I get married, do I become responsible for back taxes my new husband owes?
Generally, no.





However, if you file jointly in future years, the refund can be applied to the debt. If you live in a few states--such as California--you can't even file the injured spouse form to request your share of the refund.If I get married, do I become responsible for back taxes my new husband owes?
IF you file married and joint and he owes back taxes your joint return can be held to cover those past debts. You have the right to file an innocent spouce form and try to get your portion of the return sent to you (this does not always happen).





I would have him file his prior year returns NOW so if you find out he does owe the money you can make the decision before next tax season about what to do...you have a couple choices:





If you own no property or kids then your best bet might be married filing separatly...it will put you in a slightly higher tax bracket, but the government could not take your money to cover his taxes.





You can file an innocent/injured spouce claim with your taxes and the IRS will investigate to see if any of the debt is yours (which it isn't) when they make the determination they will send your share of your joint return...





Depending on how far back it is that he hasn't filed he might not even owe...just not filing does not mean you owe. If the government has not come after him for any taxes they feel he owes as a result of not filing then he might actually have a refund coming and not know it. The government doesn't care about you if you haven't filed and you have a refund coming because it is like free money for them!
It all depends on the state you live in. If you are living in a community property state, when you marry him, half of what he owns or owes is yours and half of what you own or owe is his. If he owes back taxes and has income during the time you are married, they can offset any refunds that you both have coming.





This is a little over simplified, but you really have to check the state laws for the state you live in.
When I married my husband he didn't know that he owed back taxes due to person who filed his tax return improperly. We are married filing jointly and yes I believe if he owes it then it becomes my debt to pay as well. It was a small burden to pay but it seemed like a big one at the time. I copped a resentment. It took some time to get over. It was worth every penny to me. He is my best friend. He's worth every penny.
No, your not resposible you need to file with an injured spouse form so the IRS won't take your portion of the refund. Or they will apply it to his debt..

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