If you owe back taxes and are about to get married?
Answer:
Marriage will not turn an IRS liability of our spouse into your liability. The liability remains with your spouse. Marriage does bring you into the picture and seems to nicely tangle things up even though the debt is not yours.
1. IRS will attach tax refunds and you will probably file joint tax returns. There are procedures to protect "your" share of the refund but it adds pages to your return and slows your refund.
2. IRS can file tax liens and then levy on the asset. Jointly owned property such as checking and savings accounts can get tangled up with the levy. Again, it isn't your liability but it can sure feel like it.
3. IRS can't attach your wages but can attach wages of the spouse. Employers just love this. The spouse who owes may find it has an impact on their credit rating. This is discouraging when you attempt to borrow jointly. You aren't liable for the tax but sometimes it feels that you are.
4. This is all very similar to a spouse with unpaid bills and a collection agency trying to collect the money. IRS just seems to have a bit more clout in the collection department.
5. Take some comfort that this was disclosed before the wedding day instead of after your first joint tax return.
Check with the laws in your state. Depends on if the taxes owed are property taxes or IRS taxes. Most states will hold spouse liable for property taxes, but not back IRS taxes accrued prior to marriage. Good Luck.
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..
As long as you can prove that you were not married at the time the tax debt was incurred the "innocent" person will not be liable.
However, this fact will NOT be assumed by the government so be prepared to show it again and again and again.
and FYI no state will hold anyone liable for IRS taxes as the IRS is only federal. The states cannot do anything about money that isn't owed to them.
Yes, you should run like hell. You are in for a life of poverty and sorrow!
If you file a joint tax return, then yes the government will take whatever refund you and your spouse receive. You can file under innocent spouse, if you do this, you will need to file a paper return. good luck
The newest spouse isn't liable for the prior debts but it does affect them through the credit companies. Also unless its paid off prior to filing your joint return they won't get their refund because then it will go to your debt.
Pay if off before you get married!
Innocent spouse relief doesn't do anything, she isn't an innocent spouse, its injured spouse you want to look at but delays your refund by about six months!
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