My husband owes back taxes from 2001, 2002, and 2003. I know that if we have a joint bank account that they can take our money, but can they take my car that is only in my name or a bank account that is only in my name. We married in 2006.
2 Answers from Attorneys
No, if the tax liability is owed by your husband from past tax returns, you are not
liable. The IRS cannot levy on property owned by you in your name. If you are
concerned about the issue, you may file Form 8857 Innocent Spouse declaration
which explains why you are not liable for any of his past taxes. If you file joint
tax returns, any refund would be taken by the IRS to pay his liability, in which
situation you may file a Form 8357 Injured Spouse form to regain any share of
the refund belonging to you. Discuss the matter with your tax preparer.
This is a question that I often get from new clients. The short answer is that they can not take your money or property. However, if there is a local revenue officer working on your case, he will try to determine if your husband is trying to hide his money in your account. If it is truly yours, you will not have a problem. Your husband should get help from a qualified tax attorney. Steve Klitzner
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