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Posted by Michelle on June 5, 2007, 3:32 pm
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I have tax debt that I incurred before my marraige. I am
currently in uncollectible status with the IRS. They keep
any refunds I receive. I'm now unemployed wondering how we
should file. If my spouse were to claim me as a dependent
would they then keep his tax return. Should we file
seperately and, if so, would he be responsible in any way
for my past tax debt.
Thanks, Michelle
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Posted by Paul Thomas, CPA on June 6, 2007, 4:39 pm
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> I have tax debt that I incurred before my marraige. I am
> currently in uncollectible status with the IRS. They keep
> any refunds I receive. I'm now unemployed wondering how we
> should file. If my spouse were to claim me as a dependent
> would they then keep his tax return. Should we file
> seperately and, if so, would he be responsible in any way
> for my past tax debt.
First, your spouse can not claim you as a dependent. You
can file jointly however, or separately, whichever you like.
If you file jointly, he needs to file Form 8379 as an
"Injured Spouse" so any refund attributable to his income
and deductions will not be kept for your past
transgressions.
Do yourself a favor though, and try to get the back taxes
settled up before it causes problems. They don't just
disapear on their own.
--
Paul A. Thomas, CPA
Athens, Georgia
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by Oliver on June 6, 2007, 4:39 pm
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> I have tax debt that I incurred before my marraige. I am
> currently in uncollectible status with the IRS. They keep
> any refunds I receive. I'm now unemployed wondering how we
> should file. If my spouse were to claim me as a dependent
> would they then keep his tax return. Should we file
> seperately and, if so, would he be responsible in any way
> for my past tax debt.
You can not be claimed as a dependent by your spouse.
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by Bob Sandler on June 6, 2007, 4:39 pm
Please log in for more thread options > I have tax debt that I incurred before my marraige. I am
> currently in uncollectible status with the IRS. They keep
> any refunds I receive. I'm now unemployed wondering how we
> should file. If my spouse were to claim me as a dependent
> would they then keep his tax return. Should we file
> seperately and, if so, would he be responsible in any way
> for my past tax debt.
You should file a joint return with an injured spouse claim,
Form 8379, for your husband. That will allow him to get any
refund that he is entitled to on his own. He is not
responsible for your debt incurred prior to your marriage.
A person can never claim his or her spouse as a dependent.
Bob Sandler
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by candaexpress on June 6, 2007, 4:39 pm
Please log in for more thread options Depends on your job prospects, outlook, how much you owe and
whether you want your wife to pay your taxes.
Uncollectible only means your are given a temporary
reprieve. IRS will come back to you and periodically ( 6 to
12 mos) seek financially justification on why they should
extend/retain your uncollectible status. And with your
household income now adequate enough....they might not
extend your status.
Other choices you have are to send a written "offer in
compromise" and pay a %age of tax dollars you owe.
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>
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