21Dec/097
marriage and the irs?
brenda d asked:
i`ve been engaged to be married for two yrs ,i`m afraid to marry him because i have an irs audit that has gone on for ten yrs. i don`t know if keeping my last name or hyphenating my name would allow that debt to still be my debt?i`m also wondering if we did marry ,would irs garnish his wages also,we just bought a new home ,i don`t won`t to lose what took us so long to gain.....nervous in maine
Betty
i`ve been engaged to be married for two yrs ,i`m afraid to marry him because i have an irs audit that has gone on for ten yrs. i don`t know if keeping my last name or hyphenating my name would allow that debt to still be my debt?i`m also wondering if we did marry ,would irs garnish his wages also,we just bought a new home ,i don`t won`t to lose what took us so long to gain.....nervous in maine
Betty
December 22nd, 2009 - 00:06
Antonio
Keeping or changing your name would have no effect. It doesn;t matter what your name is–it’s your marital status. You really should be asking these questions directly of the IRS, rather than getting opinions from strangers who may or may not know what they’re talking about Your circumstances are your own, and so you should just ask the IRS what effect getting married would have on your tax debt. Ask them if your joint property is at risk (my guess is yes, but I’m not a tax attorney). Ask them if they can put a levy on his wages (I have no idea since the debt was incurred before the marriage, but perhaps his wages are considered joint property). Get the answer from the only people who can tell you about your case.
December 24th, 2009 - 07:56
Gail
sounds like you need a tax attorney to answer your questions
December 25th, 2009 - 18:06
Norman
you might have to talk to an accountant or attorney about that.
December 26th, 2009 - 20:50
Bertha
Call the IRS and see what you can do, and what your options are.
December 29th, 2009 - 03:30
Kenneth
I would suggest contacting a tax lawyer. Or, if you have a ‘radio’ lawyer – like we have here in San Francisco – call him/her and ask for advice.
Now, my layman’s opinion would be that once you get married, because marriage is a legal combining of two people, that his wages could be garnished to help take care of the debt…but I’m not a lawyer, so please please please get a tax lawyer’s opinion on this!
Good luck!
December 31st, 2009 - 10:27
Ralph
Name change will not affect your debt with the IRS. You still owe them until you paid them off.
Yes, when you get married, his taxes will be collected to paid your debt when filling joint, so he will get NADA in his tax return. I’m unsure about filling “married filing separate”.
Be honest and tell him about this, nasty surprises and hidden dark secrets are a recipe for disaster and has the right to know what he’s getting into. Marriage is a matter of trust.
EDIT: If you have real estate together (assuming that the title is in both of your names), then you will have to have an itemized tax return, and your property tax refund will also be collected. I strongly suggest that you consult a tax lawyer or an accountant.
It’s time to ‘fess up.
Good luck
January 1st, 2010 - 12:29
Lawrence
The AUDIT has been going on for 10 years, or the audit was 10 years ago and you’re still paying? (I had a friend that it took years to get out of her ex’s liability – long, complicated and involved accountants and lawyers)
There is an Injured Spouse form that he can file that will split any tax refund. Depending on whether or not you’re in a community property state will determine how they calculate the “injured spouse” portion of the refund.
I doubt they could garnish his wages for your debt.
Speak with an accountant (not just a tax preparer) or a tax attorney, NOW.