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How to file my taxes if I get married?


Need to know if getting married will hurt my tax return. He OWES the IRS in back taxes for the past few years. I, of course, am in good standing with the IRS as well as my credit. Will his tax liabilities come back on me if we get married and file jointly? I know I will have the option of filing married separately but the tax bracket would be better if we didnt get married and I just continued to file single. We want to get married but just dont want his tax issue effecting me in anyway. We also have a little boy due in August. I consider us already married but would like to make it legal. I just dont wanna get screwed bc he owes the IRS. Please help!

P.S. Will the injured spouse form help me in this situation?
PLEASE dont tell me how bad of a person he is bc is owes back taxes. Your opinion means nothing to me so keep it to yourself!!!!

You can still file married, without filing married filing separately. What you are going to have to do is fill out a form called Injured Spouse Allocation (IRS Tax Form 8379). If you would have received a refund if your soon to be husband did not have tax issues, then your refund will be allocated based on the income and taxes you paid - not your husband. His allocation will go towards the back taxes he owes.

Filing married is much more beneficial, because you receive credit that your normally wouldn't if you file married filing separate. You are just going to have to fill out this form every tax year until he clears up his taxes.

Also, don't apply for joint credit if he has credit issues. Just apply for credit for yourself. You can add him as an authorized user (if you want), but don't apply jointly for any credit.

Update: Innocent Spouse is not the correct form - that is for people who are already married and one of the spouse's creates this situation.

The form you need to file is INJURED Spouse (not innocent spouse) Form 8379.

Injured Spouse Claim Form is used to split the joint income, expenses and deductions between spouses on a joint return. Unlike filing as MFS, you can still claim all credits that you could if filing jointly.

You have to have income and withholding or other payments reported on the joint return to claim injured spouse. It can be filed with the return or later if the return was already filed.

I have included a link to the form and instructions.

http://www.irs.gov/pub/irs-pdf/f8379.pdf

There is an "innocent spouse" form that you can file to protect your refund from being taken for his debt wen you are married.
If you can afford it it would be wise to find a tax preparer who is an "enrolled agent" and will know all about ways to protect your credit.
Incidentally, his Economic Stimulus Payment (if he qualifies for one) will be taken to repay his back taxes and that will help reduce his debt to the IRS somewhat.

You have a few choices. (1) Get married, file jointly, file an injuured spouse form with your future returns. (2) Get married, file separately. (3) Stay single, nothing changes. (4) Meet someone else. I do not know of any other options you may have. Oh, pay the taxes consult with a tax attorney and try to reach a settlement with the IRS.

You need to file separately, otherwise they WILL keep your return as well. Just file as married but filing separately. Or don't get married until his back taxes are paid : )

YES, IT WILL BITE YOU IN THE BUTT... and it sends big red flags to me about his lack of committment to his responsibilities. Be prepared for heartache down the road.

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