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RiderJohn
New Member

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

I may marry in 2018 and need to know if I will be liable for the wife's possible prior to marriage tax debt. I am in Washington, a community property state. The answer will determine whether we marry or not.

1 Best answer

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IreneS
Intuit Alumni

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

UPDATED FOR TAX YEAR 2019

 

It’s quite likely the IRS would want to take any joint refund to apply to past-due taxes.  To protect any refund you might receive, you can either:

  1. File separately from your wife; or
  2. Apply for injured spouse protection.  If granted, "injured spouse" prevents a spouse's tax refund from being attached for the debt of the other spouse (for example unpaid taxes or student loans). The IRS  doesn't automatically approve injured spouse applications, but you might want to consider it if 1/2 of your joint refund is more than your refund if you file separately.

Please see the following for additional information: 

 

[Edited | 3/31/2020 |  1:32pm PDT]

 

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8 Replies
Lisa995
Level 12

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

The IRS will intercept any refunds that have her SSN attached to them....so they would come after your joint refund.
♪♫•*¨*•.¸¸♥Lisa♥ ¸¸.•*¨*•♫♪
xmasbaby0
Level 15

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

Do you live n a community property state? AZ, CA, ID, LA, NV, NM, TX, WA, WI
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
RiderJohn
New Member

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

WA
xmasbaby0
Level 15

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

Filing as 'injured spouse" will not help you then.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
xmasbaby0
Level 15

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

Why has she not filed?  Did she have income reported on W-2's or self-employment income?
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
RiderJohn
New Member

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

She had income from an insurance business she owned. She didn't file because she spent every waking moment caring for her husband who had one serious medical condition after another for years until his death in November, 2016.
xmasbaby0
Level 15

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

She should seek a local paid tax professional to help her sort out her tax problems.
**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
IreneS
Intuit Alumni

My future wife has not filed tax returns for four years. If she files for the previous years and owes back taxes will IRS go after my assets after our marriage?

UPDATED FOR TAX YEAR 2019

 

It’s quite likely the IRS would want to take any joint refund to apply to past-due taxes.  To protect any refund you might receive, you can either:

  1. File separately from your wife; or
  2. Apply for injured spouse protection.  If granted, "injured spouse" prevents a spouse's tax refund from being attached for the debt of the other spouse (for example unpaid taxes or student loans). The IRS  doesn't automatically approve injured spouse applications, but you might want to consider it if 1/2 of your joint refund is more than your refund if you file separately.

Please see the following for additional information: 

 

[Edited | 3/31/2020 |  1:32pm PDT]

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post

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