Question
can the IRS come after me if I marry my boyfriend and he owes taxes?
My boyfriend and I have been together for three years and he has bad credit and owes the IRS. (this is from a few years ago young and dumb i suppose) Anyway, he owes a couple of years of taxes from prior to us getting together. I want to get married but worried about that issue he meets with the IRS next week to work out a payment arrangement for the past due taxes. IF we got married would this affect me? Would I personally be responsible for his debt? Could they take my house that I own? (No mortgage on it own it strait out) If I were to purchase a new house could they put a lien on it if my name was the only one on the mortgage? Any advice or personal experience on this sort of situation would be greatly appreciated! I live in Pennsylvania.
4 weeks ago - 4 answers
Best Answer
Chosen by Asker
Dear terri: The following assumes you guys get married. You are in the clear, but you need to know how the system works. If your boyfriend works out an installment agreement with the IRS and keeps in up to date (doesn't miss a payment), then you are OK and the IRS will leave you alone. They will not take any future tax refund. If he can not work out a deal or misses a payment then you guys are vulnerable to have any future refund taken. You can protect yourself if you file form 8379 Injured spouse form) with any future return until the debt is paid. Your house is safe as it was not your debt and his name is not on the deed. You are not responsible for his debts. This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. Click on my profile to read more. Errol Quinn Enrolled Agent
4 weeks ago
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Other Answers
nope they cant. if it only has your name on it they cant touch it.
by I gotz that wicked clown love- 4 weeks ago
If you file joint return, then IRS will offset the tax refund. If you file separate return, IRS will not offset your tax refund. Normally, it is best to file joint return. You can file Form 8379 (Injured Spouse) with your joint tax return. The IRS will allocate the refund between you and your spouse. But by filing Form 8379, your refund will be delayed by about 2 months.
by Jss- 4 weeks ago
In PA, no. However if you move to CA, ID, or LA, yes. In those 3 states, debts that predate the marriage do become part of the marital estate and the IRS (as well as any other creditor) could recover from you as well. Face one fact though. Even if you are not personally liable, his debts will have to be paid out of your household income. Any judgments or levies may be based upon household resources and your resources will be part of the mix if you are married. A pre-nup may be a good idea, though frankly I'd never marry someone with significant debt, especially tax issues with the IRS, unless I was prepared to pull out my checkbook and make it all go away.
by Bostonian In MO- 4 weeks ago