• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My husband has not paid taxes

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

1

123plshelpme

Junior Member
My husband and I have been married since 2009. He has not filed his personal income taxes since 2003. He claims he does not owe anything. I have been filing as "married filing seperartly" Do I have any legal liability to him not paying taxes since I know he hasn't paid? What should I do?
 


O

OHRoadwarrior

Senior Member
Yes, assets partially or entirely belonging to you may be seized by the IRS, state or local government. Ramifications would vary depending on whether you live in a common law or community property state and where assets are located.
 
H

Handcoc

Member
123plshelpme said:
What should I do?
Click to expand...

I would go over his taxes (or produce the 1040, state & fed) since his last filing (2003) and see what kind of damage may be up the road. Maybe he did pay all he was owed, aside from the penalty of non-filing, maybe you may still be due money back.

There is no statue of limitations for non-filers , fyi
 
O

OHRoadwarrior

Senior Member
The issue you have is that the IRS, state or city could "impute" what they feel is due. You will be required to document any challenges.
 
LdiJ

LdiJ

Senior Member
I really wish that people who don't know tax law wouldn't file on the tax forum.

That being said....

You have no liability for any taxes he might owe since you have been filing married filing separately. However, its true that if you jointly own any assets that those assets could be attached to cover his tax liability.

You really need a consult with a tax professional where everything can be laid out to see exactly how things stand with your husband and whether or not any joint assets would be at risk.
 
H

Handcoc

Member
LdiJ said:
I really wish that people who don't know tax law wouldn't file on the tax forum.

That being said....

You have no liability for any taxes he might owe since you have been filing married filing separately. However, its true that if you jointly own any assets that those assets could be attached to cover his tax liability.

You really need a consult with a tax professional where everything can be laid out to see exactly how things stand with your husband and whether or not any joint assets would be at risk.
Click to expand...
Exactly my recommendation...
 
O

OHRoadwarrior

Senior Member
I have been doing taxes for over 20 years so I know I'm exempt from the statement. Handcoc, are you his huckleberry?

OP, if you can get hubby to resolve this, first you need to determine if he has all the records. Usually people do not. Consulting a local tax professional is great if you have records. If you do not have records, you are in a gray area. Hubby may or may not owe. My opinion would be for hubby to file 2010 if he has records or 2011 if not and wait for the fall out. At that point, you may receive a demand letter from a taxing entity. Without records, your best bet is to pay assessment and walk away. You can file for a payment plan or possibly special hardship consideration, if there are extenuating circumstances at that point. Paying thousands to one of those "we'll fix your back taxes" companies is a waste. After they get the initial few thousand from you, they will send you a paper requesting the tax records you do not have. They will assess you "delay fees", for not submitting this paperwork timely.
 
Last edited:
LdiJ

LdiJ

Senior Member
OHRoadwarrior said:
I have been doing taxes for over 20 years so I know I'm exempt from the statement. Handcoc, are you his huckleberry?

OP, if you can get hubby to resolve this, first you need to determine if he has all the records. Usually people do not. Consulting a local tax professional is great if you have records. If you do not have records, you are in a gray area. Hubby may or may not owe. My opinion would be for hubby to file 2010 if he has records or 2011 if not and wait for the fall out. At that point, you may receive a demand letter from a taxing entity. Without records, your best bet is to pay assessment and walk away. You can file for a payment plan or possibly special hardship consideration, if there are extenuating circumstances at that point. Paying thousands to one of those "we'll fix your back taxes" companies is a waste. After they get the initial few thousand from you, they will send you a paper requesting the tax records you do not have. They will assess you "delay fees", for not submitting this paperwork timely.
Click to expand...
While I agree with most of this, there are sources to obtain many records that may not current be available, and that is one area where a tax professional can assist. Of course, if hubby is self employed in a profession that is highly cash centric, and kept no records at all, its much more problematic.

I absolutely agree that they should not contact an "offer mill" that advertises on TV. They should consult a local professional with experience dealing with the IRS and back tax issues.

I am a year round tax professional and I deal with a ton of this in the off season. My first goal with a client like this is to get the tax returns prepared, so that the client knows exactly what they are going to be dealing with. It often turns out to be not nearly as bad as they had thought. However, if its beyond what they can deal with on an installment plan, then I refer them to a tax attorney, before they actually file the returns.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top