My boyfriend owes back taxes & is disabled, I own a home if we get married will the IRS come after me.

Asked 12 months ago - Ashland, WI

I file taxes yearly & don't want to pay for his past. Will getting married affect his disability? Is there also something called injured spouse when filing taxes? When we do marry what happens if he continues to not file. He also has medical bills. I don't want to lose anything. Any advise? We live in Wisconsin.

Attorney answers (3)

  1. Jennifer Louise Long

    Contributor Level 4

    2

    Lawyers agree

    Answered . Hi there,

    Also keep in mind that the IRS is given authority to take future tax refunds and use it to offset your unpaid federal tax liabilities. If you and your boyfriend are married, and you file a joint tax return, the IRS can take the entire refund amount (even your share of the tax refund). You can prevent this by filing a Injured Spouse Claim. The IRS is then required to return your portion of the refund. I would encourage you and your boyfriend to contact an attorney to get answers that are more tailored to your facts and circumstances.

  2. Isai Bismark Cortez

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Your boyfriend should definitely get current by filing all his taxes to say the least. I think your boyfriend should hire an attorney to help him. I will tell you why as I answer your questions.

    Getting married doesn't necessarily tack on the taxes he owes to you, but it may impact you under certain circumstance. This is because he is probably delinquent on paying as well, which means that if you guys have a joint bank account they may levy the account and take out funds. Regarding if its yours. Getting married may also affect his ability to resolve his tax issues because your income may be added on to his as he tried to resolve his tax issues. For example, it will be easier for him to settle his taxes for less if he is making lets say $800 a month, versus adding your income which may be $4,000 or whatever it is. The IRS basis their resolutions on ability to pay, not necessarily how much you owe.

    I am not really sure if the disability will be affected if you guys get married, I am thinking most likely not. There are many types of disability insurances, but I am not sure which type of disability you are on (they may vary from state to state).

    If he continues not to file he will continue to accrue late penalties, unpaid taxes and almost certain IRS action against him.

    I would strongly encourage you to hire an attorney or at the least a CPA to help you get out of this nightmare. Good luck!

  3. John C. Knobelsdorf II

    Contributor Level 11

    1

    Lawyer agrees

    Answered . - For the benefit of a person reading this and living in a community state, as I understand Wisconsin to be, the answer about taxes depends. It is different when either one of the couple is earning property in a community property state.

    - Then what feels like the property of one spouse will be treated by the IRS as owned in joint and they may move to levy on property or accounts as a way to assert their claim on a community property share owed by the spouse who owes the taxes.

    - A prenuptial agreement to maintain property as separate is well worth considering in a situation like this one when there would otherwise be community property. It can keep away from the IRS's power to seize: the property owned and earned by the spouse who does not owe the taxes.

    - As I understand it, the community property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

    - The analysis is different for other states and all the other people and their property that are not related to community property law.

    - The consequences of marriage, if any, for the disability income depends on who is paying it and what contract or law applies to a person's particular personal fact situation. A lot more information, that should be kept confidential and shared with a lawyer experienced with matters like this in Wisconsin, is needed.

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