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Posted by trish on February 21, 2007, 6:48 pm
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I owe taxes to the IRS for the years 2000-2004, and have an
installment agreement to pay it back. I was married last
year (2006) - will my new husband be responsible for this
debt? I realize that if I file a return that shows I am due
a refund, the refund will be applied toward my debt. If we
file jointly and are due a refund - will they do the same?
What if we file separately? Will any refund he is due be
taken to pay toward my debt? Common sense would tell me
that if I incurred the debt before being married, he should
not be responsible. But I want to be sure. Any info is
appreciated! Thank you.
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<< that may be imposed upon the taxpayer. >>
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Posted by A.G. Kalman on February 22, 2007, 12:03 am
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trish wrote:
> I owe taxes to the IRS for the years 2000-2004, and have an
> installment agreement to pay it back. I was married last
> year (2006) - will my new husband be responsible for this
> debt? I realize that if I file a return that shows I am due
> a refund, the refund will be applied toward my debt. If we
> file jointly and are due a refund - will they do the same?
> What if we file separately? Will any refund he is due be
> taken to pay toward my debt? Common sense would tell me
> that if I incurred the debt before being married, he should
> not be responsible. But I want to be sure.
You can file a joint return and have him complete Form 8379
to file as an injured spouse. This protects his share of
any tax refund.
--
Alan
http://taxtopics.net
<< ======================================================= >>
<< 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 Paul Thomas, CPA on February 22, 2007, 2:27 am
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> I owe taxes to the IRS for the years 2000-2004, and have an
> installment agreement to pay it back. I was married last
> year (2006) - will my new husband be responsible for this
> debt? I realize that if I file a return that shows I am due
> a refund, the refund will be applied toward my debt. If we
> file jointly and are due a refund - will they do the same?
Yes, unless you file Form 8379 Injured Spouse Allocation.
It's like filing separate returns, allocating your income,
deductions, exemptions, taxes and payments and his income,
deductions, exemptions, taxes and payments. If it shows he
gets a refund, they'll send that portion. Any refund
allocatable to you is kept for your back taxes.
> What if we file separately?
That'll work too, but you lose out some on tax breaks, so
look at that form first.
> Will any refund he is due be taken to pay toward my debt?
Only if you file jointly and don't allocate the refund using
that form.
> Common sense would tell me that if I incurred the debt
> before being married, he should not be responsible.
It does, and the IRS has as much common sense as Congress
gives them. Use that form to tell them how much of the
refund (if any) is his, and how much (if any) is yours.
--
Paul Thomas, CPA
paulthomascpapc@bellsouth.net
<< ======================================================= >>
<< 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 Phil Marti on February 22, 2007, 2:28 am
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> I owe taxes to the IRS for the years 2000-2004, and have an
> installment agreement to pay it back. I was married last
> year (2006) -
All best wishes
> will my new husband be responsible for this
> debt?
No. However, if you live in a community property state,
"his" assets can be at risk.
> I realize that if I file a return that shows I am due
> a refund, the refund will be applied toward my debt. If we
> file jointly and are due a refund - will they do the same?
You include an "injured spouse" claim with your return. The
refund is apportioned so that only your share of the refund
is applied to your separate debt. See the 1040
instructions.
> What if we file separately?
You'll probably pay more tax in total, but the only way to
be sure is to run the numbers.
--
Phil Marti
Clarksburg, MD
<< ======================================================= >>
<< 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 Taxmanhog on February 22, 2007, 2:28 am
Please log in for more thread options "trish" wrote...
> I owe taxes to the IRS for the years 2000-2004, and have an
> installment agreement to pay it back. I was married last
> year (2006) - will my new husband be responsible for this
> debt?
--No--
> I realize that if I file a return that shows I am due
> a refund, the refund will be applied toward my debt.
--TRUE--
> If we file jointly and are due a refund - will they do the same?
Yes, but you can include form 8379 to allocate his/your
portions of the JOINT return refund.
He will get his money.
Your share will be offset to your old tax bill.
This process add's a few weeks delay in the processing but
at least he will get his refund.
> What if we file separately? Will any refund he is due be
> taken to pay toward my debt?
Only from your return, none from his, the problem arrises,
in that it may be better to file jointly then sepparately
> Common sense would tell me
> that if I incurred the debt before being married, he should
> not be responsible. But I want to be sure. Any info is
> appreciated! Thank you.
If you & your husband agree to just let the offset -IN FULL-
occur now, it will speed up your repayment of the old taxes,
in the long run this will help the family unit {You, Him &
your Dependents} by bringing you out of tax debt sooner,
something to consider, unless he has made plans for his
share of refund already.
<< ======================================================= >>
<< 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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