Originally Posted by dancoa
I am looking to get married in 2018. However, I have back taxes due. What can I do to make sure my fiance's assets are protected. She has a home, car and retirement account that I want to make sure are not touched because of my situation.
I am looking to get married in 2018. However, I have back taxes due. What can I do to make sure my fiance's assets are protected. She has a home, car and retirement account that I want to make sure are not touched because of my situation.=====>Her assets are protected; The situation becomes more complicated if you live in a community property state: Louisiana, New Mexico, Washington, Wisconsin, Texas, Nevada, Idaho, California and Arizona. In some of these states, the law allows the IRS to collect past due taxes from either spouse, regardless of who owes them or who filed and signed the return.However, aslonmgas her assets were possessed by her before narriage, then it?d be protected from IRS. The community pty system considers property that was acquired before marriage, as a gift, or through inheritance as separate property . Property apart from gifts or inheritances that is received after the marriage, whether income or real property, is considered to be the property of both spouses and
not all taxpayers want to share their spouse's tax debt. The IRS respects this and there are ways you can avoid the repercussions of back taxes your spouse hasn't paid.In general, If your spouse?s tax debt is the result of returns she filed before you were married, then, you typically have no obligation to pay them.In your case, you still carry the back taxes after you get married, and say she is subject to tax refund, then, If you file a separate married return in these circumstances, the IRS typically won't take her personal refund. The downside to filing separately is that she may lose out on some tax breaks. Taxpayers who file separate married returns typically pay more in taxes for a number of reasons, one of which is the fact that they can't qualify for certain credits, such as those associated with educational expenses and dependent care. If your spouse elects to file a joint married return with you to avail herself of the tax advantages, she is not doomed to losing her r share of the refund. However, she has to take additional steps to claim it. The IRS will apply it to your debt unless she files Form 8379. Form 8379 is an injured spouse allocation. When the IRS receives it, it should divert her fair share of the refund to her, provided she qualifies.