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Can the IRS make me pay for my husband back taxes?

New York, NY |

My husband and I are currently separated but still married and We have never filed taxes together . He owes thousands of dollars from 3 years of not paying taxes on his business. Now that IRS has seized his property and put liens on things, are they able to come after me? I do not own any property and my name is not on anything he owns or vice versa

I forgot to put that we were married at the time he accrued the debt, but like I said, he filed taxes under his business and I always filed single, never married

Attorney Answers 3


If no joint income filings (Form 1040), then you are not responsible.

If the business tax delinquencies are payroll taxes (Form 941) and you participated in the business, then it is possible that you could be assessed the trust fund recovery penalty if you meet the definition of Responsible Person. A TFRP assessment results in personal liability regardless of the type of business entity (corporation, LLC, etc.).

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Since you did not file the tax returns jointly with your husband, it is highly unlikely the IRS will make any claim on you for your husband's taxes.

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Not unless you filed jointly.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

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