Legal Question in Tax Law in Texas

New Spouse responsible for prior tax liens?

I am going to marry soon and have my own home. My finace has apartment in a different county. 20 years ago he had a business that failed in the county where I reside. He had a tax lien filed against him. We are planning to reside in my home. Is there any way my assets or property can be attached if we have a joint account using his last name?


Asked on 9/29/08, 5:03 pm

1 Answer from Attorneys
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: New Spouse responsible for prior tax liens?

First, you are not responsible for the prior Federal Tax liens of your spouse when you marry. Nevertheless, any of the liens will attach to jointly held property. Therefore, if you set up a joint checking account, the IRS can levy the full balance of the account.

Secondly, you state the business failed 20 years ago. Under normal circumstances, the IRS has a 10 year period to collect after taxes have been assessed.

You should check with a tax lawyer to answer your questions based upon your specific facts and circumstances.

I hope this helps!

Ron Cappuccio

http://www.TaxEsq.com

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Answered on 9/29/08, 8:59 pm


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