QUESTION
Can the IRS force my husband to pay my old tax debt?
Asked on Aug 11th, 2011 on Taxation - Florida
More details to this question:
I owe a large tax debt from 2002 & 2003 and am on an installment agreement plan with the IRS. Oddly, I just got a CP39 notice from the IRS stating that they applied a $577.00 overpayment of my husband's 2003 taxes to my 2002 debt. However, we filed under "married filing separately" for both tax years and do not live in a community property state so he's not liable for my debt. I wonder if it's merely a mistake or if they're trying to force my husband to pay my debt as it's getting close to the statute of limitations. I'm not sure what to do other than write to them and point out the error. I'm aghast that after all of these years they'd pull something like this.
1 ANSWER
If you and your husband filed "married/separate" for the year in question, then he cannot be held liable for your tax debt. However, if you still owe a balance and you file jointly, they can keep the refund even though part of it might be his. They should not be seizing his refunds for years in which he filed separately from you. If this is the case, I suggest you contact a tax attorney right away.
Answered on Aug 13th, 2011 at 12:36 PM