My husband & I filed "Married Filing Sep." since 2013. He owes taxes for 2015/16. If we file jointly in 2018 do I become responsible for these past taxes?

jtwbl17f · ‎June 4, 2019

SweetieJean · ‎June 4, 2019

Are you in a Community Property State?

gootdv2020 · ‎June 4, 2019

Colorado

AlanT · ‎June 4, 2019

Not a community property state

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AlanT · ‎June 4, 2019

No, you do not become responsible for his past tax obligations. You are only responsible for tax obligations for tax years in which you filed Married filing jointly.

However, if you are due a refund in 2018, the refund will be seized to pay his past tax obligations unless you file for injured spouse relief.

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SweetieJean · ‎June 4, 2019

The rules are different in the nine community property states. These jurisdictions view all marital property as owned equally by both spouses, including wages and earnings.

AlanT · ‎June 4, 2019

Colorado, not a community property state.

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My husband & I filed "Married Filing Sep." since 2013. He owes taxes for 2015/16. If we file jointly in 2018 do I become responsible for these past taxes?