How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Mark D Your Own Question
Mark D
Mark D, Enrolled Agent
Category: Tax
Satisfied Customers: 1275
Experience:  MBA, EA, Specializing in Business and Individual Tax Returns and Issues
8056330
Type Your Tax Question Here...
Mark D is online now
A new question is answered every 9 seconds

My husband had tax problems before we were married.

Customer Question

My husband had tax problems before we were married. Apparently it's settled with the IRS, and his ex-wife has told him that everything's straight. Now, as I'm filing my taxes this year, we're filing "married-separate", but he wants me to file as "single" just in case it's not settled. I've got great credit, own a home, and have other investments that I do not want the IRS or his ex-wife to be able to touch. I'm not sure if this is okay, but am I offered enough protection if the IRS wants to come back in the future? Should I file as single or married-separate? And at what point can we file as married-jointly?
Submitted: 8 years ago.
Category: Tax
Expert:  Mark D replied 8 years ago.

kensnewife,

If you were married as of 12/31/2007, you could not file as single on your return. You would need to file "married filing jointly (MFJ)" or "married filing separately (MFS)". Usually MFJ will have the better tax advantages, but MFS keeps your tax liabilities and refunds separate. If you do file MFJ, you should also fill out and file Form 8857 (innocent spouse relief) with your return to protect your allocation of the refund.

Regards,

Mark D

Mark D and 6 other Tax Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Mark D's Post: Is there a point where we can file jointly?
Expert:  Mark D replied 8 years ago.

You may file jointly, however, if you do you should also file Form 8857 as described above.

Regards,

Mark D

Expert:  Mark D replied 8 years ago.

kensnewwfe,

I apologize as I gave you the wrong form number. You will want to file Form 8379 (Injured Spouse) to protect your portion of the refund.

Regards,

Mark D