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New Member
posted Jun 4, 2019 2:45:29 PM

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?

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6 Replies
Level 15
Jun 4, 2019 2:45:32 PM

Are you in a Community Property State?

New Member
Jun 4, 2019 2:45:33 PM

Colorado

Expert Alumni
Jun 4, 2019 2:45:35 PM

Not a community property state

Expert Alumni
Jun 4, 2019 2:45:36 PM

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.

Level 15
Jun 4, 2019 2:45:37 PM

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.

Expert Alumni
Jun 4, 2019 2:45:39 PM

Colorado, not a community property state.