Have Tax Questions? Ask a Tax Expert for Answers ASAP
Technically, she isn't liable if you never file jointly
However, if you have any accounts that are jointly owned they may be able to attach to satisfy oyour debt
If you ever filed jointly, that is called "joint and several" liability ... where you are both liable for the bill, and collectin efforst can include EITHER of your income or assets
BUT, about the ONLY reasn that married spouses should file jointly is to keep those tax liabilities separate
sorry (fte only reason to file SEPARATELY ...
Where can I find this in the tax code
Btt, again, assets that are owned jointly or in what's called "in the entirety" may be suceptible
Hang on and I'ee get you the citations
First the Joint and several liability:
Quite honestly, I'm having trouble findin an actual stature or court case that specifies that married filing spearately WILL NOT cause a liability on the other person, but typically the law doesn't really work that way... they tell you when you are liable.... not, when you're not
We can probably "back into it" hang on another sec...
See this from Intuit:
When you don't want to be liable for your partner's tax bill, choosing the married-filing-separately status offers financial protection: the IRS won't apply your refund to your spouse's balance due. Separate returns make sense to prevent the IRS from seizing a spouse's refund when the other has fallen behind on child support payments.
Couples in the process of divorcing may shun joint returns to avoid post-divorce complications with the IRS, while a spouse who questions her partner's tax ethics may feel more comfortable living a separate tax life.
I have run into a lot of lies from the irs. I was looking for a concrete answer to that
Here we go: (From IRS)
Again, kind of backing into ti:
Again the reason they COULDm was the joint return
Here's what XXXXX XXXXX, enrolled agent says ...
Does it make sense to file separately? There is one clear benefit of filing separately. By filing a separate return, the taxpayer is solely responsible for the accuracy and payment of tax related to that separate return. By contrast, on a jointly filed return, both spouses are jointly responsible for the accuracy of the return and the payment of tax. A spouse who is unwilling to assume legal and financial responsibility for the other spouse's tax obligations should strongly consider filing separately.
from here: http://taxes.about.com/od/filingstatus/qt/marriedseparate.htm
Again, this is really an issue of debtor creditor law rather than anything in title 26 of the US code (Internal revenue code, IRC)... IRC, again deals with what they CAN do ... debtor creditor law (a state law issue) says )in very non-community property law state, that when only one person signe a legal agreement as to income (a form or property) only they are liable
I think I got what im looking for. Thank you so much
Here's another of Mr Perez's article on the subject, again he is an Enrolled Agent: http://taxes.about.com/b/2009/02/13/when-does-it-make-sense-for-married-couples-to-file-separately.htm
One more just to provide a littl more documentation:
Since filing a joint return requires the consent of both spouses, it might sometimes make sense to not be included on your spouse’s tax return. Signing a joint tax return makes you both responsible for the accuracy and completeness of the return and obligates you for any current or future tax liability or penalties.
There are specific situations when it can be better to file separately. These include:
If you are not sure, complete your taxes both ways to see which one may be best for you.
That was from Turbotax/Intuit here: https://turbotax.intuit.com/support/iq/Filing-Status/Married-Filing-Jointly-vs--Married-Filing-Separately/GEN83639.html
Hope tis has helped
If this HAS helped, I would appreciate a feedback rating of 3 (OK) or better … That's the only way they will pay us here.
HOWEVER, if you need more on this, PLEASE COME BACK here, so you won't be charged for another question.
I surely will Thank you