Legal Question in Tax Law in Texas

I am engaged to a man that has not paid taxes in a few years. After we are legally married, can I be held responsible for the back taxes, and will affect my tax refunds? Also , after we are married, can I still file alone if we have no children?

Asked on 8/15/09, 8:52 pm

1 Answer from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

First, you will not be liable for your spouse's taxes. Nevertheless, if you file separately after you are married, you will pay more tax than as a single taxpayer. Also, if you file jointly, the IRS will take the refund, even if it is from your withholdings, and apply it to your husband's past due taxes. You would have to then try to claim as an Innocent Spouse to obtain the refund.

You should contact a tax attorney prior to "tying the knot."

I hope this helps!

Ron Cappuccio

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Answered on 8/18/09, 6:21 pm

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