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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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My husband owes the IRS and is having $100. a month taken

Customer Question

My husband owes the IRS and is having $100. a month taken out his social security toward payment. His total owed IRS now is $20,000. I used to file separately because he was always late filing yearly taxes, but last few years we are on social security and was advised to file jointly by our C.P.A. We are four years behind in filing so I am going to back and file separately to bring my taxes current for myself. I need to know how to protect myself from his past accrued taxes owed and the new taxes from here on out. I bought our house in Arizona, a community property state, and my car. If my husband dies, am I responsible for paying his debt? How do I protect myself from his negligence to stay up on filing and paying taxes? If he continues doing these things, could he be in trouble with the law, even though he has agreed to the $100. a month withdrawal from Social Security?
Submitted: 9 months ago.
Category: Tax
Expert:  Lev replied 9 months ago.

You are NOT responsible for your spouse's tax debt.

Expert:  Lev replied 9 months ago.

However - that debt may be collected from jointly owned funds, joint tax refund and a tax lien may be placed on jointly owned assets.

As long as your spouse has an installment payment plan in place and is current with agreed payment - the IRS will NOT garnish wages or any other income.

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