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I HAVE A FEDERAL TAX LIEN AND ALSO THE STATE LEVY MY BACK ACCOUNT ABOUT 3 OR 4 TIMES A YEAR FOR OWED TAXES.. IF I GET MARRIED WI

Hampstead, NC |
Filed under: Tax lien Debt Tax law

I HAVE A FEDERAL TAX LIEN AND ALSO THE STATE LEVY MY BACK ACCOUNT ABOUT 3 OR 4 TIMES A YEAR FOR OWED TAXES.. IF I GET MARRIED WILL THEY BE ABLE TO TAKE HER PROPERTY OR MONEY AND WILL SHE BE HELD RESPONSIBLE FOR THE DEBUT

Attorney Answers 3


  1. You'll want to be careful - If you mingle your funds there's a good chance both of your assets may be subject to the debts. You can keep your assets separate but that's not a very "unifying" way to live. Best to establish some type of payment arrangement with the state and the IRS - that way you can eliminate the issue alltogether.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


  2. First, your liabilities will not be attached to your wife when you get married. On the other hand, if you have Federal Tax Liens and State Tax judgments, it will attach to any property you acquire. Therefore, if you purchase a home jointly with your wife, your lien will attach.

    The second issue is tax refunds. If you file married filing jointly, the IRS will take the entire refund, even the portion due to your wife's income. She could apply for Innocent Spouse relief, but this is cumbersome and frequently not successful.

    Please discuss this with a good tax lawyer to plan your financial matters.

    Congratulations on your impending wedding.

    Ron Cappuccio
    www.TaxEsq.com

    If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary for you to try prove this answer is "wrong" or something with which you do not agree. This is a free service for you based on limited facts. Nevertheless, many times you need to consult an attorney with the details to get actual advice specific to your concerns. Do not put too many details in your questions or comments because this makes the information public and could hurt you. Government Regulations contained in IRS Circular 230 regulate written communications about Federal tax matters, including e-mail, between us and our clients. This is another attempt by the government to limit your rights and to extend the control of government over individuals and businesses. Nevertheless, such communications are either opinions or other written communications. This is not an opinion. It is other written communication and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.


  3. I agree with the other attorneys - your spouse will not be liable for your separate tax debts, though the government can seize JOINT assets, like bank accounts and future tax refunds, to satisfy your liabilities.

    Please note that this is not legal advice, and should not be relied upon as such. Always consult with a competent tax professional to discuss your specific situation!

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