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INJURED SPOUSES
Q. In 1995, to escape IRS persecution, my fiancee filed bankruptcy. Since the IRS won't get anywhere close to what they say he owes them, he was told by his attorney the IRS couldn't come after him again for the same taxes. However, in the future they would keep any money he might have coming as a refund, probably forever. If we marry, do we have to file tax returns separately? Can the IRS keep any money that we might have due to us on a joint return even though half of it is mine)? Everything is currently in my name alone, so a separate return would not be difficult, just expensive.
>>>IR$Maven's Reply:
Effective 7/22/98, the rules for "innocent spouses" has changed drastically in favor of the taxpayers. Whatever your fiancee owes the IRS in back tax assessments is his problem alone. In fact, you were not even married at the time the IRS assessed the taxes against him. The IRS suggests that you use Form 8379 and attach it to your Form 1040. this form should alert the IRS to compute your income and deductions separately form those of your spouse and keep only his portion of any refund due. However, the IRS moves in strange ways. The IRS may very well grab any refund that shows up on a currently filed joint tax return, filed by you and your new husband. You will then have to write to the IRS and wait an indeterminate time period to get your money back. Conclusion: the practical answer is to file separate tax returns to stop the IRS from grabbing your refund.
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Q. In 1995, to escape IRS persecution, my fiancee filed bankruptcy. Since the IRS won't get anywhere close to what they say he owes them, he was told by his attorney the IRS couldn't come after him again for the same taxes. However, in the future they would keep any money he might have coming as a refund, probably forever. If we marry, do we have to file tax returns separately? Can the IRS keep any money that we might have due to us on a joint return even though half of it is mine)? Everything is currently in my name alone, so a separate return would not be difficult, just expensive.
>>>IR$Maven's Reply:
Effective 7/22/98, the rules for "innocent spouses" has changed drastically in favor of the taxpayers. Whatever your fiancee owes the IRS in back tax assessments is his problem alone. In fact, you were not even married at the time the IRS assessed the taxes against him. The IRS suggests that you use Form 8379 and attach it to your Form 1040. this form should alert the IRS to compute your income and deductions separately form those of your spouse and keep only his portion of any refund due. However, the IRS moves in strange ways. The IRS may very well grab any refund that shows up on a currently filed joint tax return, filed by you and your new husband. You will then have to write to the IRS and wait an indeterminate time period to get your money back. Conclusion: the practical answer is to file separate tax returns to stop the IRS from grabbing your refund.
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Q. Neither me or my husband have filed in almost eight years. Not because we were trying to get away with anything, but because of extenuating circumstances on both our parts. We really want to get all of this cleared up and don't have a clue how. We have three children. Own no property, and have two vehicles. That's it. No savings, no stocks or bonds. We have very little money. Please help us. We are so lost! Thank you very much.
>>>>>IR$Maven's Reply:
If the income you earned was wages (W-2) income, the amount of taxes withheld should be enough to cover the tax or produce refunds in the years you worked. Even if you had self-employment income, it is still a good idea to contact a tax professional who will contact the IRS on your behalf. Without too much effort, he or she should be able to obtain from the IRS what it has for both of you in the way of W-2 and form 1099 info (maybe you saved all the paper work). Run the numbers and you may find you owe little or nothing. Because you came forth voluntarily, the IRS will probably give you an installment arrangement if you do owe and cannot pay up front.
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Q. Neither me or my husband have filed in almost eight years. Not because we were trying to get away with anything, but because of extenuating circumstances on both our parts. We really want to get all of this cleared up and don't have a clue how. We have three children. Own no property, and have two vehicles. That's it. No savings, no stocks or bonds. We have very little money. Please help us. We are so lost! Thank you very much.
>>>>>IR$Maven's Reply:
If the income you earned was wages (W-2) income, the amount of taxes withheld should be enough to cover the tax or produce refunds in the years you worked. Even if you had self-employment income, it is still a good idea to contact a tax professional who will contact the IRS on your behalf. Without too much effort, he or she should be able to obtain from the IRS what it has for both of you in the way of W-2 and form 1099 info (maybe you saved all the paper work). Run the numbers and you may find you owe little or nothing. Because you came forth voluntarily, the IRS will probably give you an installment arrangement if you do owe and cannot pay up front.
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Some years ago I lost a business and all I had remaining was a tax debt. There is no money to hire council and I live below the poverty level, I have assets of approximately $3,500 and am 64 years of age. I called the IRS and asked for an appointment, they have responded and will give the appointment, I have to handle this myself and wonder if you can offer some advice.
>>>>>IR$Maven's Reply:
Based on these facts, you should ask the IRS representative to help you fill out an Offer in Compromise and a Form 433A that goes with it. The Form 433A lists your assets and liabilities and your monthly income and expenses. The Offer In Compromise sometimes results in settling tax debts for a small percentage of tshe actual debt owed. Since you only have $3,500, I doubt whether IRS will ask you to part with any of it. Also, your age indicates that your future earnings prospects will not provide the IRS with some unexpected pot of gold from you in the forseeable future. It will take a few months for the approval process but, if granted, it will be worth the effort. After the approval, the IRS will stop bothering you, maybe forever.
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