We got married Sept 2007 and he owe back taxes of $3500 for 1996 tax year and $1400 for 2000 tax year. He is currently on disability due to kidney disease. I plan on filing joint return this year 2007 if any overpayment is due will I be penalized for his tax liabilities.If I file joint return with husband will I be liable for back taxes he owe before marriage?
You personally cannot be held liable for his debts prior to the marriage, however if you file a joint return with him that shows a refund due that entire refund can be captured to be applied against that debt.
There are 2 ways to deal with that. Either bump up you withholding allowances enough that you have a small tax debt to pay at filing time OR file Form 8379 with your return. Obviously it's too late to adjust your withholdings for 2007 so the From 8379 is your only option right now. The Form 8379 will apportion your refunds. You'll get your share and his share will be captured against his debt.If I file joint return with husband will I be liable for back taxes he owe before marriage?
As long as you can back up your claim that you was not with him at the time.
What state do you live in? If you live in a community property state, state law governs whether or not the IRS can take ';your'; refund fro ';his'; back taxes.
If you file a form 8379 and you live in California, the form 8379 does absolutely NO good. All of the refund will *still* go to back taxes.
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