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Richard, Tax Attorney
Category: Tax
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My fiance owes the IRS back taxes and is paying it off in regular

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My fiance owes the IRS back taxes and is paying it off in regular payments over the next 5 years. The IRS also takes his tax returns until the tax debt is resolved. When we marry, if we file jointly, will the IRS take any joint return?
Submitted: 1 year ago.
Category: Tax
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good morning. Yes, the IRS will keep any refunds if you file jointly. Until this is resolved, you will want to file separately. Also, in order to avoid any issues should there be a default in his installment agreement, you might want to keep your finances and assets separate until the obligation is paid in full to protect any joint assets and/or accounts being levied by the IRS.




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Richard, Tax Attorney
Category: Tax
Satisfied Customers: 46025
Experience: 29 years of experience as a tax, real estate, and business attorney.
Richard and 4 other Tax Specialists are ready to help you
Expert:  Richard replied 1 year ago.
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Expert:  Barbara replied 1 year ago.

Another expert here - You should also be made aware that the IRS has a procedure in place for people who file married filing jointly, but one of them has outstanding tax debt. The spouse without the debt files Form 8379, the Injured Spouse form, so that spouse will receive their proportionate share of the refund, while the other spouse's portion is kept to pay off the debt. Since married filing separately is the least advantageous filing status, you might be better served to file jointly and utilize Form 8379. Just thought you should know that you do have an option. Thank you.

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