Husband owes taxes from last year?

Question

My husband and I got married last Feb. but we filed our taxes separately and he ended up owing money. This year on my w-4 I put that I was married but I opted to be taxed at a single rate. My question is:

1. Do we have to file together being that I put on my w-4 that I am married but taxed at a single rate & he has on his w-4 that he is married and being taxed as so?

2. Will I be liable for the money he owes from last year even though we filed separately but were married?

Answer 1

You will be taxed seperately as opposed to me I'm married filling jointly.

Answer 2

What you put on your W4 only effects your withholding, it does not determine how you file the return.

You may file as "Married-Filing Jointly" or "Married-Filing Separately".  You can not file as "Single" or "Head of Household" on your return.

No, you won't be held liable for his balance due.

Answer 3

You have no obligation to file a joint return.'

You are not liable for the money he owes although if you live in a community property state, your community property is.

As a couple you will probably have a lower total tax liability if you file jointly.  You can adjust your withholding to get more now and eliminate any refund.  

What is your husband doing to deal with his outstanding tax debt?

Answer 4

No, you don't have to file a joint return - you can file separately again if you want to.  And no, as long as it wasn't a joint return he owes the money on, you aren't liable.

Answer 5

When you are married you have the option of filing your return either as Married Filing Joint or Married Filing Separately.  The way you have your employer do your Withholding does not determine the way you will file.  You decide that when you file.

The IRS will not apply your refund if you file Married Filing Separate to your husbands tax debt as long as you file Married Filing Separate.  If you ever file a Married Filing Joint return then expect the IRS to apply the refund to your husbands tax debt.

Also, indirectly the IRS debt could effect you if the IRS takes collection actions.  The IRS could levy any bank account that you have with your husband or the IRS could levy your husbands wages causing a disruption in his ability to pay the bills you two have together, like the house payment or rent.

The penalty for not paying your tax liability when your husband filed quickly gets to 25% and the IRS charges interest on both the tax liability and the interest until the amount owed is paid in full.  I do recommend that you pay the tax liability off as soon as possible.

Answer 6

1. No, although it may be to his benefit to amend the return to make it a joint filing, Of course, that would then obligate you to the balance as well.

2. No, although technically the IRS could come after you if you live in a community property state--but that usually never happens.

By the way, if it's advantageous to file jointly next year--that is, you would receive a larger refund than if filing separately--you can file an injured spouse claim (Form 8379) with you return. This will ensure that you receive your portion of the refund.

Answer 7

While you don't owe on his separate tax debt, be advised that if you file jointly in 2008, any refund will be applied to his debt.