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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22695
Experience:  Taxes, Immigration, Labor Relations
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My question is multiple parts.

Resolved Question:

My question is multiple parts.
I am engaged.
I make 6 figures, own a house, am delinquent on my taxes 3 years, and not great credit score with a lot of debt.
He is an artist who works freelance, makes less than half than I, has filed for bankruptcy and also delinquent on taxes.
1) If we get married at the end of 2009, will write offs (if any) only count toward earnings in the months that we are married or for all of 2009?
2) Will his past bankruptcy hurt me, will i be responsible for paying it off?
3) We are sorting out our delinquent taxes, will we have to be responsible for eachothers' tax burdens if we file them after we get married, even if it were for years we weren't married?
4) How does getting married help our situation?
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.

1) If we get married at the end of 2009, will write offs (if any) only count toward earnings in the months that we are married or for all of 2009?

According to the IRS rules - if you are married on the last day of the year - for tax purposes - you are considered as married for the whole year.
2) Will his past bankruptcy hurt me, will i be responsible for paying it off?

You are not responsible for any debt obligation your spouse had before the marriage. However if creditors would be able to collect his debt obligation - any jointly owned property may be garnished. That include a tax refund resulted from jointly filed tax return (unless you file for an injured spouse relief).
3) We are sorting out our delinquent taxes, will we have to be responsible for each others' tax burdens if we file them after we get married, even if it were for years we weren't married?

Each of you are responsible for own tax debt, however if the IRS will garnish any funds or properties - any jointly owned property or joint bank accounts may be garnished.
4) How does getting married help our situation?

Unfortunately - getting marriage will not eliminate or reduce the tax debt...

From tax prospective - you may pay less taxes - but you may need to do estimation by filing both ways - filing jointly or separate - before submitting your tax return.

 

Let me know if you need help with estimations.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22695
Experience: Taxes, Immigration, Labor Relations
Lev and 5 other Tax Specialists are ready to help you

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