If i was married in 2016 and my husband did not do his taxes in the previous years will i be liable for it?

Forum|Forum|7 years ago
June 4, 2019
1 reply
3 views

we were married March 3, 2016 & he told me before he died he had not filed his taxes in the previous years. He died on February 9, 2017 & i am not sure what or how to file?

TurboTax Basic Windows

Best answer by

Before I continue, I just want to say sorry for your loss.

If the IRS had made any assessments against him, the IRS could levy a refund where his is listed as a taxpayer or as a spouse. The remedies for this are to either file married filing separate or you can file a joint tax return and include an injured spouse claim. The downside to an injured spouse claim is that a refund will take 2 to 4 months to be paid while the IRS reviews the claim.

To qualify as an injured spouse, you must meet the following criteria:

Your spouse must be liable for a debt that can be levied from your Federal tax refund. Those debts include tax debts, student loan debts, unpaid child support, state tax debt, or other non-tax federal debts, and;
You must have made and reported tax payments, such as federal income tax withheld from wages or estimated tax payments, or;
You claimed (or will claim) a refundable tax credit, such as the earned income credit or additional child tax credit on the joint return, and;
You are not legally obligated to pay the past-due amount.

Follow this path in TurboTax to find the injured spouse section:

Go to the Federal Taxes category.
Go to the Other Tax Situations subcategory
On the screen labeled Other Tax Situations, find the section labeled Other Tax Forms.
Click start or update on Miscellaneous Tax Forms.
Click start or update on Report and Innocent or Injured Spouse Claim.
Answer yes on the next screen.
Hit continue on the screen with the series of years, and the subsequent screen with the form.
Choose an applicable state or somewhere else and hit continue.
Choose the following options:

I filed (or will file) a joint return
All or part of our refund will be applied to a federal tax bill, child support, federal nontax debt, or a state income tax bill.
I am not required to pay the past due debt and hit continue

Answer the withholding question on the next screen.
Yes, you want to claim with the return
Enter your information.
Choose the injured (non-owing spouse).
Continue with the remaining screens.

Anonymous

Answer

Before I continue, I just want to say sorry for your loss.

To qualify as an injured spouse, you must meet the following criteria:

Your spouse must be liable for a debt that can be levied from your Federal tax refund. Those debts include tax debts, student loan debts, unpaid child support, state tax debt, or other non-tax federal debts, and;
You must have made and reported tax payments, such as federal income tax withheld from wages or estimated tax payments, or;
You claimed (or will claim) a refundable tax credit, such as the earned income credit or additional child tax credit on the joint return, and;
You are not legally obligated to pay the past-due amount.

Follow this path in TurboTax to find the injured spouse section:

Go to the Federal Taxes category.
Go to the Other Tax Situations subcategory
On the screen labeled Other Tax Situations, find the section labeled Other Tax Forms.
Click start or update on Miscellaneous Tax Forms.
Click start or update on Report and Innocent or Injured Spouse Claim.
Answer yes on the next screen.
Hit continue on the screen with the series of years, and the subsequent screen with the form.
Choose an applicable state or somewhere else and hit continue.
Choose the following options:

I filed (or will file) a joint return
All or part of our refund will be applied to a federal tax bill, child support, federal nontax debt, or a state income tax bill.
I am not required to pay the past due debt and hit continue

Answer the withholding question on the next screen.
Yes, you want to claim with the return
Enter your information.
Choose the injured (non-owing spouse).
Continue with the remaining screens.

paxilkatAuthor

Level 2

If i file married filing separate & do this as my own they will NOT take my income tax, correct? Also, what do i need to do for his income tax since he is deceased? Do i have to file on his behalf?