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I am currently on a payment plan with the IRS and owe for back taxes. My fiance and I want to get married. She owns a home.

Las Vegas, NV |

Can the IRS attach her income for the taxes I owe and can they lien her home due to my back taxes after we are married? We live in Nevada

Attorney Answers 3

Posted

Generally, your tax debt incurred before getting married remains your separate debt. Your fiance's home is her home alone and as long as she keeps it that way it should not be reachable by the IRS even after you get married. That said, calculating how much you have "available" to pay tax with might take into account the fact that you seem to have no rent or mortgage payment. Her income may also be used to calculate how much you have "available" even if her income usually isn't used to pay taxes with.

I hope this helps.

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Mr. Port is licensed to practice law throughout the state of California with an office in Los Angeles where he handles probate, tax disputes, estate planning and business transactions. He is authorized to handle IRS matters throughout the United States. His phone number is 310.559.5259, his email address is help@AskMyAttorney.net. For more tax, probate, estate planning and business articles visit his website www.los-angeles-lawyers.biz, his tax blog at www.californiataxattorneyblog.com and his probate blog at www.californiaprobatelawyerblog.com.

http://www.los-angeles-lawyers.biz/lawyer-attorney-1177690.html

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Posted

Thank you for the quick response. I do have a follow up question. I currently am set up on an installment plan and I am paying $100 per month. I have given them a financial statement and they are aware that I do pay rent to my fiance. Are you suggesting that the IRS could ask for more of a monthly payment amount? All of our finances are kept separate. Could she file for innocent spouse protection even if we file separately? Thanks

Posted

If the tax debt is soley yours then the the IRS cannot take any of your fiance's money. Also as long as the home stays in her name only after you get married the IRS can't touch it.

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Posted

I agree with the other attorneys, and have a couple of suggestions. You should keep your bank accounts separate at least until all back taxes are paid off, and you will want to file married but separate tax returns. The idea is to maintain a separation of your financial resources and obligations until the tax debt is erased. Of course, you will also want to keep up with the payment plan. Good luck.

This answer or response should not be considered legal advice, and does not create an attorney-client relationship. If you have further questions, I would be glad to discuss your situation further. I can be reached at US - (801) 746-6300, or online at -- http://www.lewishansen.com/attorneys/robinson.html

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