Is there a possibility that I would face issues with the IRS because my spouse has not paid taxes?

Asked almost 2 years ago - Houston, TX

My spouse lived in the U.S. illegally for many years and never paid taxes. Could this haunt me in the future? Thanks.

Attorney answers (4)

  1. Peyton Hunley Robinson

    Contributor Level 12


    Lawyers agree

    Answered . There is quite a bit of information still needed to evaluate the right answer to your situation.

    You definitely could have "issues," and you might be haunted in the future. Did you file tax returns as married filing jointly, or did you file separate tax returns? Or did any of you file returns? Are you still married and living together? That can be an issue because if you are still benefitting from your spouse's income, then it is harder to show innocence.

    You should get current on all of your tax obligations, and consider filing for innocent spouse relief if you can.

    The IRS website has quite a bit of information on innocent spouse relief. See --

    I suggest you get local helpf from a tax attorney or CPA to evaluate your options. You definitely could have problems in this situation.

    This answer or response should not be considered legal advice, and does not create an attorney-client relationship.... more
  2. Russell Boon Rhea

    Contributor Level 11


    Lawyers agree

    Answered . Too difficult to answer given the information provided. I recommend going to see a CPA and maybe a Tax Attorney based on what you learn from the CPA. I can probably help you with the Immigration side of your problems.
    Russell 313 647 4648

  3. Christopher Michael Larson

    Contributor Level 19


    Best Answer
    chosen by asker

    Answered . Very possibly. But if you didn't file jointly with him during that period, then you are not directly liable for it. However, if they came after him to file and pay his back taxes, you live in a community property state, and they can take community property, and factor your income into his means to pay. So, the simple answer is yes.

    Christopher Larson
    Insight Law
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  4. Evan A Nielsen

    Contributor Level 18


    Lawyers agree

    Answered . Possibly. The issue revolves around proper reporting of income and payment of taxes. Check with a tax attorney for a review to make sure everything's been handled as it should be.

    Good Luck.

    Evan A. Nielsen
    1255 W. Colton Ave., #506 | Redlands, CA 92374
    Main: 909.363.4658 | Fax: 480.304.3211

    Mention this Post for a free consultation.

    Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational... more

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