As technology has continued to advance and transform, our lives have become intertwined with digital goods and services. We buy e-books, stream movies, subscribe to online music platforms, and even seek services from freelancers through online platforms. The digital economy has revolutionized the way we live, work, and connect with one another. Taxation of Digital […]
What to Do if You Owe Back Taxes
Paying taxes is a fact of life, but when the amount is excessive, you may not have the funds to pay in full. Making a mistake on your taxes can be costly as well, and if you plug in the wrong numbers, the IRS will surely come calling. Whether you owe money to the IRS […]
IRS Mid-Year Mileage Rate Changes
We have all been impacted by the rising costs in 2022, and gas prices have been no exception. To help alleviate some of this burden for certain taxpayers, the IRS has announced an increase in three of the four standard mileage rates for the second half of 2022. This is an unusual step for the […]
IRS Suspension of Certain Taxpayer Notices
Receiving a notice from the IRS is often a stressful and intimidating experience. What makes it even worse, however, is when a taxpayer cannot easily speak with an IRS representative to get it resolved or is unable to get a timely response to any correspondence sent to IRS to dispute the proposed changes or tax […]
Are You Liable for Your Spouse’s Wage Garnishment?
If your spouse is in debt to the IRS and his or her wages are garnished because of it, chances are you are liable for the debt as well.
Not only does a spouse’s wage garnishment mean lost income, if he or she loses his or her job, that wage garnishment becomes your responsibility. California is a community property state, which means that any debt incurred during a marriage is considered a communal debt and both spouses are liable.
The IRS may seek to recoup its debt by taking money from any joint accounts you share with your spouse, including retirement and savings accounts. This is called a levy. They may also go after a bank account held in your name only.
But say your spouse entered the marriage with a wage garnishment. Perhaps he or she was paying off years of unpaid taxes that racked up long before you met. Are you still liable?
The answer is no, not if you live in a community property state. Debt incurred before the marriage is not considered joint debt. However, chances are that debt has continued to incur interest–additional debt for which you are now responsible.
Tax resolution specialists can help you keep your money by showing the IRS that certain accounts are not community property.
How about if you’re separated or recently divorced, and your spouse fails to pay taxes. Are you liable?
The simple answer is: yes you are liable if you filed a joint return for the tax year that went unpaid. However, if you filed individual returns, you are not liable for your spouse’s tax debt.
In the case of a joint return, if your divorce settlement stipulates you are not liable, the state and federal government will still see you as responsible. That’s why, if your spouse owes back taxes, it’s wise to file as “married, filing separately.”
The IRS allows you to claim single status if you have a legal separation or if you have lived apart from your spouse for six months out of the last year. If your divorce is finalized by the last day of the year, you are required to file as single, or “head of household.”
To learn more about how to solve tax debt, whether yours or your spouse’s, book a free consultation with me.