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fatman14-jb
New Member

Can the IRS take any of my money from my personal bank accounts or home that my husband is not listed on? I am the only name on my bank account and mortgage.

My spouse owes back taxes in mass and IRS prior to our marriage. If we file jointly I understand they will take the total refund and that is fine with me because if I file separately I will owe money. My question is can the IRS take any of my money from my personal bank accounts or home that my husband is not listed on? I am the only name on my bank account and mortgage
1 Best answer

Accepted Solutions
Belling
New Member

Can the IRS take any of my money from my personal bank accounts or home that my husband is not listed on? I am the only name on my bank account and mortgage.

No. The IRS will not go after your personal accounts, but your joint tax refund is at risk of being garnished.

You may be able to qualify as an Injured Spouse and File Form 8379 along with your joint tax return, using TurboTax. For further clarification I have listed the qualifications of both injured spouses, and innocent spouses, below. 

For completing an injured spouse form 8379:

·       Click on Federal Taxes (Personal using Home and Business)

·       Click on Other Tax Situations

·       Scroll down to Other Tax Forms

·       On Miscellaneous Tax Forms, click on the start or update button

On the next screen, for ‘Report an injured or innocent spouse claim’, click the start button.


You may qualify as an Injured Spouse if both of the following are true:

-You are not personally required to pay the past-due debt.

-During the year in question, you had earned income that was reported on a Form 1040, or had income taxes withheld from your pay, or made estimated tax payments.

*If you believe you qualify as an Injured Spouse, file Form 8379Injured Spouse Allocation.

            You may qualify as an Innocent Spouse if all of the following are true:

-You filed a joint return.

-Your spouse or former spouse improperly reported income on the joint return.

-When you signed the joint return, you did not know, and had no reason to know, that the tax return was incorrect.

-Due to the circumstances, it would be unfair to hold you liable for the unpaid taxes.

*If you believe you qualify as an Innocent Spouse, file Form 8857Request for Innocent Spouse Relief.

 

View solution in original post

2 Replies
Belling
New Member

Can the IRS take any of my money from my personal bank accounts or home that my husband is not listed on? I am the only name on my bank account and mortgage.

No. The IRS will not go after your personal accounts, but your joint tax refund is at risk of being garnished.

You may be able to qualify as an Injured Spouse and File Form 8379 along with your joint tax return, using TurboTax. For further clarification I have listed the qualifications of both injured spouses, and innocent spouses, below. 

For completing an injured spouse form 8379:

·       Click on Federal Taxes (Personal using Home and Business)

·       Click on Other Tax Situations

·       Scroll down to Other Tax Forms

·       On Miscellaneous Tax Forms, click on the start or update button

On the next screen, for ‘Report an injured or innocent spouse claim’, click the start button.


You may qualify as an Injured Spouse if both of the following are true:

-You are not personally required to pay the past-due debt.

-During the year in question, you had earned income that was reported on a Form 1040, or had income taxes withheld from your pay, or made estimated tax payments.

*If you believe you qualify as an Injured Spouse, file Form 8379Injured Spouse Allocation.

            You may qualify as an Innocent Spouse if all of the following are true:

-You filed a joint return.

-Your spouse or former spouse improperly reported income on the joint return.

-When you signed the joint return, you did not know, and had no reason to know, that the tax return was incorrect.

-Due to the circumstances, it would be unfair to hold you liable for the unpaid taxes.

*If you believe you qualify as an Innocent Spouse, file Form 8857Request for Innocent Spouse Relief.

 

View solution in original post

fatman14-jb
New Member

Can the IRS take any of my money from my personal bank accounts or home that my husband is not listed on? I am the only name on my bank account and mortgage.

Thank you very helpful
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