Hello and thank you for using Just AnswerUnder the community property tax laws for Arizona you each should have listed on your tax returns for 2007 (provided you were still legally married on Dec 31 2007) All your own income and half of the other's income. If you completed your return correctly and you reported all income that you had knowledge of then you are fine and are not held responsible for the reporting of the other party. She should be requesting to know what half your income was for that year not that you owe her half her tax liablity.You asked about the IRS attaching your present wife's property. In Arizona, all separate property of the liable spouse(you) is available. In addition, 100% of community property traceable to or contributed by the liable spouse and 50% of all other community property would also be available. In short they could attach half of the communtity property for any old tax debt you brought into the marriage.
I need to clarify your last paragraph. Are you saying that what my new spouse has in her name only like her home and her car can be attached for this old tax debt even though these were hers before our marriage and still in her name only. We were going to add me, but now we wont. Also, we currently live in Texas.
Ok, let me look up Texas law on that. I was going by Arizona
Sorry, it sent the last reply before I was done. I am not sure what I am reading with your reply.Also, I left our marriage before the ex wife received any 1099's if she ever did, so I did not know the amount. So, no, I only filed on my income only. If I read your reply correctly, I need to find out what my ex wife 1099's and w-2's were for 2007 and take one half of that and my own income and do the tax from that info? And the ex wife was suppose to do the same. Our agreement was she file hers and I file mine. Now that she is concerned she is backing out of the agreement. Can I do fraud. Is there any way I can keep out of all this and not pay
Yes possibly so. The marriage and it's community property standing ended when the divorce became final. This means that any community property that was still there when the divorce was final could have been attached. Since you did not include her income on your return you will need to prepare an amended return showing half for the 2007 tax year. This way you are covered and she is going to have to come up with her own tax payments
I know you accepted but I am not finished.
She needs to file her own return and pay her debt. This means she would have to report your half of income too and pay.
You are not responsible for her tax debt, neither would your new wife
Any amount you owed from your tax return then could be used against community property in texas. Texas does protect a homestead more though then Az
The only way that any of your property or the property that you and your current wife own could be attached would be if you or she (current wife) has a tax debt. Nothing that your previous wife owes would be relevant for either of you.
In Texas Community property" is any property acquired by either or both spouses during marriage by other than gift or inheritance. This includes virtually everything purchased during marriage. This means any property purchased after you got married even if in one or the other's name.
So, the IRS could attach all of your property, half of community property, and half of your spouse's property if YOU owed a tax debt.
Since you filed your taxes, you should file an amended return and include her (Previous spouse) half. You will have to owe something but then you are done. She will be responsible for her own debt. Had you filed a joint return with her it would be different but you did not so she will need to come up with her own funds for the money she withdrew
I find it very unlikely that the IRS did not contact her already. !099Rs are issued when you take out money and a copy goes to the IRS. She may have been contacted already but you would not have received anything because you did not file together.