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Established Contributor
Posts: 619
Registered: ‎09-26-2011
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IRS question?

I am separated from my husband. We live 1,000 miles apart.  Apparently he is on an installment agreement for his taxes which I found out about when a 2005 tax issue reared its ugly head a few months ago. It's a long, drawn-out mess of a story involving joint taxes that were paid off in 2010, but the IRS sent a refund check, then a few months ago decided they wanted the money back.  Whatever, it's less than $100.  So, I sent the IRS a letter and the payment and explained that they should NOT be sending me information on his taxes (I file HoH, he files indiv).  I just got an IRS notice with BOTH our names on it about HIS recent installment agreement.

 

Certainly this isn't going to impact me any, right?  I will likely send the whole mess back to them along with a copy of the separation agreement and a stern letter, but I'm just worried that MY home or income could be impacted. My own taxes are all in order.

Starting Score: 10/1/2011 EQ 568 TU 593
Current Score: EQ 664 TU 700 EX 701 (FAKO)

Established Contributor
Posts: 650
Registered: ‎03-01-2012
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Re: IRS question?


thankfulheart wrote:

I am separated from my husband. We live 1,000 miles apart.  Apparently he is on an installment agreement for his taxes which I found out about when a 2005 tax issue reared its ugly head a few months ago. It's a long, drawn-out mess of a story involving joint taxes that were paid off in 2010, but the IRS sent a refund check, then a few months ago decided they wanted the money back.  Whatever, it's less than $100.  So, I sent the IRS a letter and the payment and explained that they should NOT be sending me information on his taxes (I file HoH, he files indiv).  I just got an IRS notice with BOTH our names on it about HIS recent installment agreement.

 

Certainly this isn't going to impact me any, right?  I will likely send the whole mess back to them along with a copy of the separation agreement and a stern letter, but I'm just worried that MY home or income could be impacted. My own taxes are all in order.


I'm not a tax advisor, so please take this with a grain of salt.  But, being in an installment agreement with IRS by itself isn't going to effect your credit.  It won't show up on your CR or effect your score.

 

However, if payments are missed and there ends up being a lien, that would not be good.


My Starting Score: EQ: 691 (11/30/11) TU98: 726 (11/30/11)
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Epic Contributor
Posts: 22,406
Registered: ‎01-17-2008
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Re: IRS question?


thankfulheart wrote:

I am separated from my husband. We live 1,000 miles apart.  Apparently he is on an installment agreement for his taxes which I found out about when a 2005 tax issue reared its ugly head a few months ago. It's a long, drawn-out mess of a story involving joint taxes that were paid off in 2010, but the IRS sent a refund check, then a few months ago decided they wanted the money back.  Whatever, it's less than $100.  So, I sent the IRS a letter and the payment and explained that they should NOT be sending me information on his taxes (I file HoH, he files indiv).  I just got an IRS notice with BOTH our names on it about HIS recent installment agreement.

 

Certainly this isn't going to impact me any, right?  I will likely send the whole mess back to them along with a copy of the separation agreement and a stern letter, but I'm just worried that MY home or income could be impacted. My own taxes are all in order.


If you were legally married during the time both your names can be on it.  Do you, or did you, live in a community property state?

Valued Member
Posts: 36
Registered: ‎07-29-2010
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Re: IRS question?


guiness56 wrote:

If you were legally married during the time both your names can be on it.  Do you, or did you, live in a community property state?


 That doesn't matter. What matters is if the tax return for that year was filed jointly or individually. If it was a joint tax return, then both filers are responsible for it until everything is settled.

Epic Contributor
Posts: 22,406
Registered: ‎01-17-2008
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Re: IRS question?


eharley0142 wrote:

guiness56 wrote:

If you were legally married during the time both your names can be on it.  Do you, or did you, live in a community property state?


 That doesn't matter. What matters is if the tax return for that year was filed jointly or individually. If it was a joint tax return, then both filers are responsible for it until everything is settled.


I don't see how it wouldn't matter.  You have to claim all of your income and half of your spouses.

Valued Member
Posts: 36
Registered: ‎07-29-2010
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Re: IRS question?

If you are married, you and your spouse can either file jointly (most common) or "married filing separately". There are significant downsides to filing separately (loss of certain deductions), so most people don't do that.

 

If you file a joint return, both spouses are responsible for the return (filing, paying). If you file married filing separately then you are only responsible for your filing and paying your return. Your spouse has nothing to do with it. If the IRS comes after you, then they can try and go after your family assets, but if you're already divorced then there's nothing they can do to claw it back. They can't file a lien against your former spouse because they had nothing to do with the errant return.

Epic Contributor
Posts: 22,406
Registered: ‎01-17-2008
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Re: IRS question?

Not according to the IRS. 

 

They came after my daughter for her husbands taxes and they did not file together.  They lived in a community property state and that was sited for the reason.

 

Their reasoning was since she had to claim half his income she was liable.

Valued Member
Posts: 36
Registered: ‎07-29-2010
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Re: IRS question?

[ Edited ]

You're right. It's really screwed up if you are filing married filing separately in a community property state. My sister who is a California CPA has told me that that is an invitation to an automatic audit.

 

I live in California and after my husband passed away in 2009, I had to deal with a lot of unfiled, unpayed, underpaid, undocumented tax returns. I could've sought relief under the Innocent Spouse stuff but I was told it was a long shot.

 

What I understand to be the original poster's question had to do with a joint tax return. And because it was joint, both filers are notified about everything having to do with the return until it is completely satisfied. Long after my husband's death, I was receiving letters from the IRS addressed to both him and I .

Established Contributor
Posts: 619
Registered: ‎09-26-2011
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Re: IRS question?

New twist:

 

Neither of us is in a comm prop state. He files single, I file HoH.  I get an IRS notice today that my "overpayment" from 2005 joint taxes has been applied to HIS 2011 obligation.  How can they keep saying we OWE from 2005 then not apply the payment to it, even when it specifically says?  I can't get anyone in the IRS office to even understand the situation.  If we really don't owe from 2005, I want my hundred bucks back!

Starting Score: 10/1/2011 EQ 568 TU 593
Current Score: EQ 664 TU 700 EX 701 (FAKO)

Valued Member
Posts: 36
Registered: ‎07-29-2010
0

Re: IRS question?

Oh it's probably because your joint tax file is referenced under his social security number. I had trouble setting up a payment account on EFTPS.gov because they set it up under my social security #, but the tax years I was paying on were under my husband's social security #. Took some time to move the overpaid money from one account to the other. This probably won't happen with your future tax returns, but will probably continue for the years that you filed jointly.

 

Have you contacted the office of the taxpayer advocate? You could also start writing letters and keep track of correspondance. I have had better luck working out problems through the mail than spending hours on the phone.

 

Years ago, I had my share of problems with a mean and nasty IRS agent assigned to our collections case. But in the last 5 years, I have found the IRS very easy to work with and motivated to work out a solution though it would take time to work through.

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