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Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 2430
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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My husband has sole proprietor business. Never filed ...

Customer Question

My husband has sole proprietor business. Never filed taxes-payroll or income for business. We filed joint income tax, but he drew no salary check, filed only on my income. He told me he was taking care of taxes on his end. Now working with IRS to pay all taxes. I am not liable for any business taxes as I had sererate job and no contact with his business. However I am liable for income tax from the business that he didn''t report. I would like to buy a house in my name only. How long do I need to wait after settlement agreement before I am no longer liable. I don''t want the IRS to be able to put lien on the house.
Submitted: 9 years ago.
Category: Tax
Expert:  Anne replied 9 years ago.


Thank you for using justanswer. Generally, IRS enforced collection actions (i.e., levy against personal or real property) are not made if you are working with the IRS and have entered into some sort of installment agreement, and you are making your payments timely, or if there is an appeal of some between you & the IRS and the appeal is still open.

You will not be "in the clear" however unless and until you have either paid your debt to the IRS in full, or you have paid any lesser amount in full that you have negotiated with the IRS. If you and/or your spouse are making payments to the IRS, and you and/or your spouse defaults, that opens the door again for IRS to place a lien against your your assets.

Your husband will also have to pay his state payroll taxes and/or any state income tax owed from the years that the business income was not reported on your tax return. They too can place liens against your property, so you will want to be sure your debt is taken care of on the state level also.

You will receive a notice in the mail from the IRS showing a "0" balance just like you would from any other creditor. Once you receive that notice, then your case is closed and you should not hear from the IRS regarding those back taxes again.

Taxpayer Rights

I hope this helps you

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Customer: replied 9 years ago.
Thank you. I wasn't sure if you were cleared at time of agreement or at fineal payment.
Expert:  Anne replied 9 years ago.
You're welcome. Best of luck to you.