Legal Question in Tax Law in Florida

Getting married to someone who owes the IRS?

Prior to our relationship, my fiance did not file taxes for 10+ years; he and his ex were independent contractors and didn't put aside enough money to pay their taxes at the end of each year. They have since filed all of the missing returns but could not make payment, which was estimated at $300,000. For the last 5 years, he has filed (and paid) his taxes on time.

3 years ago, the IRS contacted him regarding the $300K. He provided them with documentation regarding income and referred them to his accountant. We have not heard from this since then.

I own my home out-right and have unearned income (and 3 children) to protect, but I cannot afford to pay his tax bill. His ex-wife has significant income, but she will not communicate with him about this debt. (She filed an Innocent Spouse claim 3 years ago, which was immediately denied.)

We have not gotten married for the last year out of fear that the IRS will come calling and my finances will be unprotected. Is there NO way that we can get married? What if we do not mingle our finances or own anything jointly + a prenup designating my income as solely my own? It is so hard to just wait this one out...


Asked on 12/02/08, 2:04 am

2 Answers from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

Re: Getting married to someone who owes the IRS?

You are not liable for his taxes. However, jointly held property can be seized and sold by the IRS. There are important State law protections that do not apply to the IRS that do apply to other creditors that need to be understood and considered before deciding how property should be titled. In other words, your basic instincts are correct, but might not protect your assets from other potential creditors. If you file a joint tax return, the tax rate is lower but any refund might be held by the IRS to apply to your prospective husband's taxes. In determining how much your husband can afford to pay on an installment basis or on an offer in compromise, the IRS takes into consideration the other spouse's income that is available to pay household bills. Commingled bank accounts can be seized. For further discussion and explanation, please schedule an office conference.

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Answered on 12/02/08, 2:16 pm
Steven Klitzner Steven N. Klitzner, P.A.

Re: Getting married to someone who owes the IRS?

The IRS will not be able to levy your wages, your assets, or your property. However, you will not be able to have joint bank accounts or joint property until his debt is resolved. With the amount of money he owes, it will be difficult to stay under the radar. He may qualify for an Offer in Compromise, where he pays a reduced amount to settle the debt. A bankruptcy may be the solution. He needs to consult with a tax professional. After I have more information, I can give you a more in depth answer. Call to make an appointment to speak to me for a free telephone consultation. 18002191118. Steve Klitzner

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Answered on 12/08/08, 6:40 pm


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