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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29953
Experience:  Taxes, Immigration, Labor Relations
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for the past 5 yrs my husband has not paid in on income tax

Customer Question

for the past 5 yrs my husband has not paid in on income tax enough. to a tune of 14 thousand. just found out in oct that he claimed 9 on his w4 and had nothing taken out this yr. been paying payments every month because we filed jointly( tax guy told me It was my debt too so we continued to file jointly my hope was he was going to correct mistake. just found out he has claimed 9 again this year. I've since kicked him out. how much of this past tax debt am I liable to pay at time of divorce? can I claim married single this yr to avoid his debt?
Submitted: 8 years ago.
Category: Tax
Expert:  Lev replied 8 years ago.

Sorry for your situation...

You may file your tax return using Married Filing Separate filing status for 2008 and none of your husband's 2008 tax liability would affect you.


For previous years - as you signed joint tax returns - you are liable for the tax debt resulted by that tax returns.

Unfortunately - to satisfy tax debt from previous years - the IRS will garnish any tax refund from either of you.


However - you may qualify the Innocent Spouse Relief by filing the Request for Innocent Spouse Relief - Form 8857, if you meet certain conditions.


For additional information please refer to IRS Publication 971

and Innocent Spouse Questions & Answers -,,id=109283,00.html


Lev and 2 other Tax Specialists are ready to help you
Customer: replied 8 years ago.
Thank you so much I will look at IRS web sight for additional info on spouse relief info. Very helpful Thanks so much!!
Expert:  Lev replied 8 years ago.

I suggest you to provide the information above to your tax preparer for considerations.

I wish you the best.