Legal Question in Tax Law in Pennsylvania
Liability for spouses past due income tax
My husband did not file a tax return for several years. The IRS has contacted him regarding his failure to file in 1996, 1997, and 1998. They have put a lean against his property in the amout of $110,000. We were married in August of 1998. We have never filed a joint return. During the years where i earned income, I filed seperatly. He has no reportable income at present, but I do. Furthermore, he told the IRS agent where I work. Will they (or can they) attach my wages? Am I responsible for any portion of his debt? What if we were to divorce? Please advise. Thank you.
1 Answer from Attorneys
Re: Liability for spouses past due income tax
You are not liable for your husband's taxes prior to your marriage. Your husband should immediately contact a tax lawyer and file his tax returns for all outstanding years. The IRS has prepared returns for him which usually maximize the amount of tax due. Filing accurate returns will typically significantly reduce the penalties and interest due the IRS. You should also be concerned about state income tax because your husband probably did not file those returns as well.
Another concern is if you have jointly held bank accounts or real property, the IRS can possibly levy the entire balance. Also, if you file a joint return, the IRS will seize the refund.
The best thing you can both do is consult with a tax attorney to resolve these liablities and issues.
Please check my web site http://www.taxesq.com/ for further information
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