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I am currently single, have not filed my taxes for 5

I am currently single...

I am currently single, have not filed my taxes for 5 years...working with my accountant to do them, I have been paying FTB monthly,

Accountant's Assistant: The Accountant will know how to help. Please tell me more, so we can help you best.

I am getting married, my fiancee does not work, I support him...how will my tax debt affect him?? gloria

Accountant's Assistant: Is there anything else the Accountant should be aware of?

LIke what for instance? she has my power of attorney and is completing my tax returns...I have talked with an attorney and they have said I cannot do a OIC until my returns are complet.

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Answered in 1 minute by:
3/23/2018
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 18,219
Experience: 15years with H & R Block. Divisional leader, Instructor
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Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

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Customer reply replied 3 months ago
I don't think you have my complete question, I want to know if I get married will my spouse (who is retired and I support) be liable for my tax debt, I live in California.

When you get married you will want to file separate returns and have no joint holdings.

In the community property states, a federal tax lien will always attach to all of the liable spouse’s separate property. Also, the tax lien will always attach to at least the liable spouse’s half interest in community property. To determine how to collect the tax, a revenue officer must go through a two-step process. The first step is to characterize all of the property available for collection as either community property or separate property. The second step is to determine whether state law creates additional property rights of the liable spouse that would cause the tax lien to attach to more than the liable spouse’s half interest in the community property.

Some states attempt to protect a spouse's interest in community property from attachment by creditors. For example, many states prohibit creditors from collecting premarital debts from the nonliable spouse's contribution to community property.

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Some states do not distinguish between pre- and post-marital obligations and allow creditors to collect an obligation from 100% of community property. Therefore, in these states the Service may also collect taxes from 100% of community property for all premarital debts of a spouse. The laws of these states grant the liable spouse a property interest in the nonliable spouse’s share of community property. These states include California, Idaho and Louisiana.

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CA allows creditors to collect all debts of either spouse from 100% of community property.

A pre marital agreement to keep all things separate would protect him.

Or wait to marry after you have taken care of your tax debt.

Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 18,219
Experience: 15years with H & R Block. Divisional leader, Instructor
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