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I have been married 3 years to my present wife. We have

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I have been married...

I have been married 3 years to my present wife. We have never filed jointly. I owed the IRS prior to our marriage and more from an LLC company after our marriage. We own our home by joint deed. If I die before her and still owe the IRS and she does not owe the IRS is she liable for my taxes and can the IRS take her home?

Submitted: 1 month ago.Category: Tax
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12/28/2017
Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Hello. Happy Holidays!! Thank you for choosing this Q&A service for assistance. My name is***** will be assisting you.

Q: If I die before her and still owe the IRS and she does not owe the IRS is she liable for my taxes and can the IRS take her home?

A: This depends on if you are in a community property state or not. What state are in you? Tax laws work a bit differently in you are in a community property state.

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Customer reply replied 1 month ago
We live in Arkansas
Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago

Arkansas is not a community property state. As you have never filed jointly and your wife does not owe the IRS, if she becomes sole owner of the property, the IRS has no right to try to take it from her.

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Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago

Death of Spouse

Because each spouse is held individually liable for taxes based on the joint return, the death of one spouse will not theoretically affect the surviving spouse's liability for back taxes. After the death, the deceased spouse's executor is responsible for filing final tax returns, and the government may attempt to satisfy any back taxes owed out of the deceased's estate. But depending on a state's legal protections for family of the deceased, a good portion of the deceased's estate may go to the surviving spouse anyway. It's likely that the surviving spouse will still be held liable for at least some portion of the back taxes.

Separate Heir Liability

Sometimes a spouse is also an heir under the deceased spouse's will. The IRS won't hold heirs of the deceased liable for his back taxes; heirs are never obligated to pay those taxes. However, the deceased's estate itself is still liable for those taxes, which may impact the heirs. For instance, Joe leaves a will that gives his wife, Ann, 25 percent of his $1 million estate. Once the executor pays off creditors, funeral arrangements and all other estate debts, he must also pay the back taxes before giving anything to Joe's heirs. If Joe and Ann owed $300,000 in taxes, the IRS will go looking for those out of Joe's estate. Thus, the payment of back taxes may dramatically reduce Ann's share of the estate.

REFERENCE SOURCE:

https://finance.zacks.com/responsible-husband-owes-back-taxes-dies-8488.html

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