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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16580
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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Hi, I just found out that I have a Tax lien from the IRS.

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Hi, I just found out that I have a Tax lien from the IRS. My trust distributions are being distributed into my wife's account. We do not share last names  and we file separately. The question is can the IRS freeze my wifes account even if it's not a joint account. I am trying to pay off the debt but they are not being very forgiving. By the way we currently live in a non community property state
Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

Thank you for your question. Congratulations on what sounds to be your recent marriage. Whether or not you share last names is irrelevant to the IRS, as is whether or not your marriage certificate was filed - you're married. However, your tax lien is an individual lien and therefore your wife isn't responsible for it. Therefore, the IRS shouldn't go after her account.

However, it is problematic that you are having your trust distributions put in to her account, as it sounds like you are doing that only to avoid the IRS. They will get wise to this, and you could be accused of doing this with the intent to defraud. This will pull your new wife into this mess, even though she's done nothing to create it. I'm not saying this to scare you, I'm saying this because you need to understand.

The best thing you can do is hire a good tax attorney and see if you can make payment arrangements and get this lien taken care of.

It's also worthwhile to note that this lien will never be hers - although if you file a joint return the IRS may keep any refund. You can still file a joint return and save her part of the refund by filing Form 8379 and allocating items on the joint return between you two. CLICK HERE for that form.

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