Tax

Have a Tax Question? Ask a Tax Expert

Ask an Expert,
Get an Answer ASAP!

Tax

My name is ***** *****, I divorced this past year. My

Customer Question
Customer: My name is *****...
Customer: My name is ***** *****, I divorced this past year. My ex-wife and I have some tax debt due the IRS for back taxes. Is there any way for us to separate this debt so that she is responsible for her 50% and I mine versus it being joint as it is now?
JA: Thanks. Can you give me any more details about your issue?
Customer: What details would you like?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $32) to post your type of question to Tax Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes I can wait
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 2 years ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Customer reply replied 2 years ago
Also, we are located in Louisiana which is a community property state.
Answered in 23 minutes by:
1/5/2016
Tax Professional: Robin D., Senior Tax Advisor 4 replied 2 years ago
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 16,236
Experience: 15years with H & R Block. Divisional leader, Instructor
Verified

Hello

The IRS counts both spouses liable for the full debt if they file a joint return. There is a “Separate Liability” Relief available but that is when one caused the debt by not claiming income.

You may ask for “Equitable” Relief" when you do not qualify for the other 2 types (Innocent ans Separate which you do not appear to be able to use).

You can ask the IRS not to make you pay taxes from a joint return if you don’t fit into either of the above categories and yet you think it would be unfair if you had to pay the tax. This may be appropriate where your spouse promised to pay the tax due and didn’t; where you signed the return out of fear; or where the spouse agreed to pay the taxes in a written separation agreement or by court order.

Ask Your Own Tax Question
Customer reply replied 2 years ago
We are in a community property state (Louisiana). As such, all property and debts are divided 50/50. With that said, I would think that the back tax debt (acquired during the marriage) would be split 50/50. In this particular case, we can't afford to pay the debt in full and are currently in an installment agreement (that I am making the payments on). I would like to have this debt split and separated 50/50, half allocated to her social security number and the other to mine.
Tax Professional: Robin D., Senior Tax Advisor 4 replied 2 years ago

When you filed joint that made you both liable and the IRS does not care who they get the amount from unless the request is made.

They just look at as a debt and whoever they can get the amount from they will. Filing to request it be split is your option.

To request equitable relief, you must file Form 8857. That splits your income.

These states (California, Idaho, Louisiana, Nevada and New Mexico) the IRS can collect a post-marital tax liability of either spouse from 100% of community property.

Ask Your Own Tax Question
Ask Robin D. Your Own Question
Robin D.
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 16,236
16,236 Satisfied Customers
Experience: 15years with H & R Block. Divisional leader, Instructor

Robin D. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,300 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,338 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

16,236 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,651 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

R. Klein, EA

R. Klein, EA

Enrolled Agent

1,839 satisfied customers

Over 20 Years experience

< Previous | Next >

Related Tax Questions
With Community property in a trust does the basis of all
With Community property in a trust does the basis of all property increase to the current value upon death of one of the parties. My wife is on her death bed now.… read more
Richard
Richard
Tax Attorney
Doctoral Degree
4,338 satisfied customers
If I owe taxes and i have an installment agreement and I get
if I owe taxes and i have an installment agreement and I get married can that affect my new husband … read more
Richard
Richard
Tax Attorney
Doctoral Degree
4,338 satisfied customers
I file a joint return with my husband. I have a rollover IRA
I file a joint return with my husband. I have a rollover IRA and want to do a contribution for 2017 to be able to use it as a tax deduction. 2 questions: What is the cap on individual contributions th… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I have an installment agreement with IRS for monthly
I have an installment agreement with IRS for monthly payments. I paid 8 days late on this months payment. Can they cansel the agreement??… read more
Richard
Richard
Tax Attorney
Doctoral Degree
4,338 satisfied customers
How is the California state income tax calculated? I have
How is the California state income tax calculated? I have approximately $55,000 of income before deductions. I am married filing jointly.… read more
Mark Taylor
Mark Taylor
Certified Public Accountant
Masters
2,280 satisfied customers
I have an established installment agreement but have lost my
i have an established installment agreement but have lost my job...how do i cancel the agreement or get it on "hold" until im working again? thank you, albert … read more
Mark Taylor
Mark Taylor
Certified Public Accountant
Masters
2,280 satisfied customers
Who pays the property taxes on a life estate? California.
Not yet I am a real estate broker. Its on a farm the seller will retain a Life Estate on the home and shops but not the farmland. … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,797 satisfied customers
Can I report rental income in my tax return on a property
Can I report rental income in my tax return on a property thar is owned by my father? He does not live in the US is not a US citizen and can sign a document to allow me to receive the rental… read more
Robin D.
Robin D.
Senior Tax Advisor 4
16,236 satisfied customers
For a ny state partnership tax return, if you file an
For a ny state partnership tax return, if you file an extension but don't pay anything and then end up owing a lot. Do they still recognize the extension or do they charge a failure to pay penalty (fo… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I filed for an extension to file my 2017 income tax return.
I filed for an extension to file my 2017 income tax return. I recently suffered a stroke - 6 weeks ago - and have been unable to finalize my return. I should be able to file it within the next 30 days… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,797 satisfied customers
My wife and I file a joint return she makes much more than
My wife and I file a joint return she makes much more than I , about 1/2 or less , for paying my share of the taxes would it be better for me to file separately or is it the same amount keeping it as … read more
Robin D.
Robin D.
Senior Tax Advisor 4
16,236 satisfied customers
I have a installment agreement to pay FICA taxes that I
I have a installment agreement to pay FICA taxes that I could not pay in past years from employee with holdings. Can I deduct the tax portion paid on the installment agreement, since it wasn't deducte… read more
abci168
abci168
Principal
27 satisfied customers
My wife and I have always filed joint returns. We were
My wife and I have always filed joint returns. We were audited in 2003 and 04. We owed taxes. Our returns were always filed on time. We set up an installment agreement for back taxes in 2008. All taxe… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,797 satisfied customers
Tax question: I have an installment agreement with the IRS
Tax question: I have an installment agreement with the IRS for past tax years (2014-15) and have been paying $500 a month on about $27,000, For this past tax year (2016) I paid my tax bill in full wit… read more
Robin D.
Robin D.
Senior Tax Advisor 4
16,236 satisfied customers
I would like to stop filing a married joint return and go
I would like to stop filing a married joint return and go back to filing married single return. my wife has my return and wants to file jointly we have filed an extention 4868. … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I filed a joint return through TurboTax. My taxable income
I filed a joint return through TurboTax. My taxable income was $87,829. Using the IRS's published tax rate schedule, the tax I owe should be $13,499.25. TurboTax calculated I owe $17,787 (this compare… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
I moved from a community property state to a common law
I moved from a community property state to a common law state last year. My spouse earned no income but I did. Our join tax refund was offset for his child support debt. Can I file the injured spouse … read more
Mark Taylor
Mark Taylor
Certified Public Accountant
Masters
2,280 satisfied customers
Helping a new widow in Texas (a community property state)
Helping a new widow in Texas (a community property state) her husband passed away 2/2017; they held stock titled in Joint Tenancy can she claim 100% step up of basis? … read more
Richard
Richard
Tax Attorney
Doctoral Degree
4,338 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x