QUESTION

Filing married separate versus jointly

Asked on Mar 31st, 2014 on Taxation - California
More details to this question:
My husband owes back taxes accumulated before we married. If we file married jointly will the state of CA and federal agency see me as being liable for his back taxes? Will they pursue me for repayment of his owed taxes?
Report Abuse

1 ANSWER

Yolanda, They won't find you to be liable per se but since California is a community property state you may find that your community assets are subject to collection.  The most direct example of this will be an offset of any tax refund you are to receive.  This means the State of IRS will use the refund to pay down the existing liability of your husband. Another problem your husband's liability may create is that your bank account and possibly your wages will be subject to collection action -- levies.  This is because once you marry, absent a prenuptial agreement, half of your income is considered your husband's and can be used to satisfy his premarital tax liability. The best method of preventing collection action is to have your husband reach a resolution such as Installment Agreement or Offer in Compromise. Best regards, Adam Brewer 1-888-351-3707  
Answered on Apr 01st, 2014 at 3:20 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters