We will be married at the end of the year. My future husband owes quite a bit of money to the IRS (he is on a payment plan to make things right). This occurred in tax years 2009 and 2010 long before we even met. I currently hold rental property with a partner and have children who I claim as dependents. I get a rather large sum of money refunded to me every year. Once married, is the IRS going to take my refund that I partially use for my rental properties to pay off his debt? I do not believe the innocent spouse rules apply. Are there other options aside from not getting married at all?
No, the IRS will not take your refund. However, your resources will make it more difficult for your husband to negotiate to reduce his tax payments. He should approach the IRS and make his best deal now before you get married.
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