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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 23168
Experience:  Taxes, Immigration, Labor Relations
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Good morning, My name is Anna. I have $11000 in debit with

Resolved Question:

Good morning,
My name is Anna.
I have $11000 in debit with the IRS but Im paying the minimum amount of $200 each month. Im going to marry soon, so Id.like to know if that will affect my husband, if IRS will go after his account to payoff my debt, acording to Florida law...do I need a prenup to exclude him of any responsibility?
Thank you!
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

LEV :

Hi and welcome to Just Answer!
Your spouse will NOT be responsible for YOUR tax debt - and the IRS will NOT levy his accounts and will not levy his income.
However - jointly owned accounts might be garnished.

LEV :

Generally - if you have a payment plan in place agreed with the IRS - and as long as you are current with all your payments - the IRS will not garnish your wages or bank account. However - if you are late - the garnishment is possible.
You may have a prenup agreement, but that will not exclude him of responsibility - all jointly owned assets could be garnished to satisfy the tax debt.
In additional - if you file a joint tax return - the refund will also be offset. Still your spouse might be entitled to part or all of the refund offset. This rule applies if only one spouse is solely responsible for the debt. To request your part of the refund, file Form 8379, Injured Spouse Allocation - http://www.irs.gov/pub/irs-pdf/f8379.pdf
If you file a Form 8379 with your joint return, write "INJURED SPOUSE" in the top left corner of the first page of the joint return. The IRS will process your Form 8379 before an offset occurs. If you file Form 8379 with your original or amended joint tax return, it may take 11 weeks for electronically-filed returns or 14 weeks if you file a paper return, to process your return.

LEV :

If you want completely exclude your spouse of any responsibility - you should not have joint bank account, not own jointly any assets and file separate tax returns.
Having a prenup would be irrelevant for this purpose.

LEV :

Hi Anna and welcome to Just Answer!

Customer:

Thank you for your time! Your answer was very helpful!

LEV :

I am glad to be helpful.
My goal is to provide EXCELLENT service and I will address all your tax related issues.
Please be sure to ask for clarification as needed.

Customer:

Would you be able to inform if is there a deadline to payoff my debit? Im paying the minimum amount of $200, but the total I owe is 11000...

LEV :

The deadline to pay tax liability is generally Apr 15 of following year. After the deadline penalties and interest charges are accumulated and added to your debt.
If you want to pay your tax debt in small manageable amount - you need to set a payment plan with the IRS. That is an individual plan - and it will provide the amount to pay monthly - but will not provide any deadline.

LEV :

I assume that you already have a payment plan - correct?

Customer:

Correct

Customer:

So there's no deadline right?

LEV :

So - the maximum penalty is 25% of your original amount of tax owned.
Interest is added daily - but the rate might change - current rate is 3% - see here - http://www.irs.gov/uac/Newsroom/Interest-Rates-Remain-the-Same-for-the-Third-Quarter-of-2013
but may go up in future.
There is no pre-set deadline as long as you pay at least the minimum amount.
The statute of limitation is generally 10 years after assessment. So when your payment plan was approved - the IRS assumed that the full payment would be before the statute of limitation runs out.

Customer:

Again, you were very helpful.

Customer:

Thank you very much. Highly recommended service provided:-)

LEV :

You are very welcome.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 23168
Experience: Taxes, Immigration, Labor Relations
Lev and other Tax Specialists are ready to help you

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Lev
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Taxes, Immigration, Labor Relations