Legal Question in Tax Law in California

Tax filing

I married this last year. My husband owes previous taxes and has payment plan. I used to get money back (head of houshold) but not sure how it will work now. I own a house in my name and have one dependant. Would it be better for us to file married separate or married joint? I make 83k and he makes 45k. If we file married/separate and I would get refund will the gov. keep it because my husband owes back taxes?

Thanks


Asked on 1/19/08, 3:54 pm

2 Answers from Attorneys
Jeb Burton The Burton Law Firm

Re: Tax filing

You really need to speak to a qualified CPA on this one. While my guess is that you would be better filing separate, this is a question that should be answered by a CPA after they have reviewed your whole return. I am specific when I say CPA, not merely a tax preparer.

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Answered on 1/21/08, 11:39 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Tax filing

Unfortunately, whether or not a joint tax return is filed, all or a portion of community property (including community property income) may be used to satisfy a separate tax obligation of one spouse, even if the tax arose before they were married.

You should consult a tax attorney (as well as a CPA) to determine how best to you file your return (and consider a postnuptial agreement regarding your property and income).

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Answered on 1/21/08, 12:10 pm


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