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Can I start a business if my husband owes back taxes?

Mobile, AL |

My husband owes back taxes for a failed business. I want to start the same type of business but I'm not sure if I can or not. The taxes he incurred were prior to our marriage. Will I have problems as far the IRS or will I be judged seperately from my husbands mistakes.

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Attorney answers 1


As a business attorney and also being license in Tax Court I believe I can answer your question. If the business and problems of your husband were prior to your marriage, and you did not sign any documents with him; they will have no effect on you but please read on. Since we are all individuals the Constitution protects us from having to pay for another's debts, mistakes or actions. However, if he still has issues with the IRS, state or even individuals who have judgments - they may be able to take action against things that are in BOTH names. For instance if you have a joint account and have $100 in it it may be assumed you both own $100 or it is split 50/50. I am not licensed in your state, but as long as you keep all business assets in your name, don't co-mingle funds, and keep very strict records you should be fine. Lastly, before you follow ANY advice you need an AL attorney to help you with the process. He/she will provide the best information and guide you through the process. The cost will be much cheaper than relying on any answers you will find here as you may have other specific issues that he will ask about that could never be included in this forum. I hope this helps! -Gust Sarris