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Non filer - 3 questions

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Junior Member
What is the name of your state? Florida

My boyfriend has not filed income tax for many years. The IRS has begun a wage garnishment for years 91-93. My questions 1) How many years can the IRS go back for people who didn't file taxes and 2) if we get married can the IRS garnish my paycheck for his debt if we have never filed a joint return and 3) should we file his last 2 years of tax returns together with his 2004 or separately?

Thank you.


Junior Member
1) Typically IRS can assess and begin collection of debt for ten years prior. If collection process has already begun, I think they are not limited to a time frame.

2) Yes, but you can file an Injured Spouce (form 8379) to collect your share of a refund.

3) Each return should be filed Seperately.


Senior Member
If a person has not filed, there is NO statute of limitations. This means the IRS can go back FOREVER.

Don't get married or mingle your finances until this is sorted out, they can and will seize any joint assets.

If you must get married, keep your assets completely separate, and reduce your withholding so there is little or no refund to seize, if you do decide to file jointly. This is much cheaper and easier than filing Injured Spouse. Injured Spouse can take up to 6 months to process, and you are still at the mercy of the IRS decision on the case.

Each tax year is a separate entity. Since your boyfriend is in a bit of a mess, you really want all of this handled by an experienced Enrolled Agent.



Junior Member
Non filer

So if I understand correctly, they can take my refund because I marry him but NOT garnish my paycheck?

FYI, the IRS owes HIM money because he has custody of his children.
Thank you for your help on this. You have eased my mind considerably.

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