If back taxes are owed during the marriage in 2015-married file joint, who is responsible for paying back taxes off? Divorce states 50/50, but how does IRS determine who paid what, and what is owed by each spouse?
You'll need to sign in or create an account to connect with an expert.
If you filed a joint return, you agreed to be equally and severally liable for the information on the return, including unpaid taxes or false information that results in penalties. The IRS can collect from either one of you, or both of you, in any amount that is convenient for them.
It would be surprising to me if, in this meeting, the IRS agrees to only go after your ex-spouse for the debt. Normally they will not limit their collection efforts, unless he is negotiating a settlement.
Normally, any debts from the marriage would be part of your settlement negotiations and something your attorney will work out for you. But even if the divorce agreement says your spouse agrees to pay the debt, this is not binding on the IRS. They can still come after you if you have more money to attack, or are getting a bigger refund.
If the IRS does hold you responsible for the debt you can file for innocent spouse relief or equitable relief. Or you can sue to collect from your ex, if that was your agreement.
If you filed a joint return, you agreed to be equally and severally liable for the information on the return, including unpaid taxes or false information that results in penalties. The IRS can collect from either one of you, or both of you, in any amount that is convenient for them.
It would be surprising to me if, in this meeting, the IRS agrees to only go after your ex-spouse for the debt. Normally they will not limit their collection efforts, unless he is negotiating a settlement.
Normally, any debts from the marriage would be part of your settlement negotiations and something your attorney will work out for you. But even if the divorce agreement says your spouse agrees to pay the debt, this is not binding on the IRS. They can still come after you if you have more money to attack, or are getting a bigger refund.
If the IRS does hold you responsible for the debt you can file for innocent spouse relief or equitable relief. Or you can sue to collect from your ex, if that was your agreement.
Still have questions?
Make a postAsk questions and learn more about your taxes and finances.
mcninchtw
New Member
CHL
Level 2
CHL
Level 2
TaxableTim
Level 1
Elli16
New Member
Did the information on this page answer your question?
You have clicked a link to a site outside of the TurboTax Community. By clicking "Continue", you will leave the Community and be taken to that site instead.