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Yes BUT: If you were living together and filing joint returns, you owe the money. Even if you were separated,and filing separate returns for years, the IRS will go after the Survivor. In my mother-in-law's case, she had been separated and had not seen him in over 30 years. He had a bigamous marriage to another woman in another state. The IRS still tried to make her pay. We got them off her back by contacting our congressman. You can pay a lawyer to negotiate on your behalf and he might achieve the same result but congressmen work for free and get better results. In less extreme cases, you might consider a lawyer. The IRS is obligated by law to settle for less, if you can show certain conditions. A lawyer specializing in tax law, as opposed to your usual ambulance chaser will be your best bet. Larry@larrybates.com
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If the deceased owed the IRS can the IRS garnish the surviving widow SS survivor benefits?
Generaly not unless there is a jointly filed return. There are special circumstances ie. community property states and transfers of estate property to the surviving spouse.
Are spouses responsible for tax debt?
That is a great questions and it relies on a couple key points of information. A spouse is only responsible for tax debt if they: A. filed a joint return during the year the tax event (or debt) occurred B. The spouse filed separately, but shares a bank account with an individual who has a tax lien or levy filed against them as the IRS may seize the bank account (and in doing so seize the spouses money as well). The good news is there are ways to detach a spouse from the liability via an Innocent spouse claim. Additionally, there are many ways to resolve back tax debt via IRS resolution programs aimed at assisting tax payers to resolve back tax liabilities. These include IRS settlements, income based repayment plans, and/or non collectible statuses where the tax payer's expenses exceed their income and show they have an inability to afford the tax debt. We always recommend consulting with an experienced tax practitioner who deals specifically with back tax debt and IRS & State tax resolutions.
If ex-wife owes half of IRS debt and now files bankruptcy is spouse liable to pay her portion?
If ex-wife owes half of IRS and now files for bankruptcy, spouse may be liable to pay his portion if the debt was is a joint account. Otherwise, spouse will not be held liable for any portion thereof.
Can IRA be seized for default student loan?
No. The only two ways an IRA touchable is by your spouse or the IRS. Debt collectors can bluff and threaten you but don't give in. IRA is as safe as the gold in Fort Knox except spouse and IRS
If an individual dies owing back taxes to the IRS are his heirs responsible for the repayment?
The heirs are not personally responsible for the debt, though the spouse may be. The estate has to pay off the debts including taxes. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Is a daughter who was power of attorney prior to her father's death responsible to the IRS for his debt when there is no estate?
No. The father's estate is responsible for his debts. If there is no estate the creditor is out of luck.
What if a person dies in Feb 08 owing the IRS taxes for 07 but was separated from his spouse by the end of the fiscal year 07 - is the spouse liable for the IRS debt?
If the spouse inherited the estate, the spouse will pay the IRS debt. Since the two were still married, the taxes must be paid by the remaining spouse.If they were separated at the end of 2007 I assume that they did not file a joint return for the 2007 taxes. If this is the case, the husband's estate must pay the taxes. If the estate cannot pay the taxes in full, then the spouse will not be held liable for anything that is still owed. A distinction must be made between the spouse being liable and the estate being liable.The only way that the spouse is fully liable is if the return was a joint return.
Will I be responsible for my finane's debt if we get married and if so is there away of getting around it I live in Detroit Michigan this is debt that was incurred before we get married?
You will need to file an Injured Spouse Form ( 8379) if you file jointly, in order to protect your portion of the income tax refund. You can order this form on the IRS official website, just type in IRS, and go to their page, and look under , order forms and publications. Hope this helps. Mary
What are some of the roles of IRS problem solvers?
Some roles of the IRS problem solvers includes offering solutions to issues in regards to unfilled tax returns, tax debt left by spouse and penalty debate.
Which charities can help with IRS debt?
Charities that can help with IRS debt are Step Change Debt Charity and also Debt help online. The IRS also offers an Offer in Compromise service to help pay any debts.
Is there any case law relating to whether 941 payroll tax debt is considered marital debt if one of the spouses was not involved in the business?
If your business is incorporated, a partnership, or an LLC being taxed as a corporation or partnership, the IRS cannot assess you personally for 941 taxes without assessing the Trust Fund Recovery Penalty. This penalty can only be assessed against a person who was both "willful" and "responsible" in the non-payment of the taxes. By default, a spouse who was not involved in the business should not fall into this category and therefore could not be assessed with any portion of the unpaid 941 taxes. However, if you live in a community property state the IRS may only assess this debt against one spouse, but will be able to pursue the assets of the marriage because the Trust Fund Recovery Penalty would be a post-marital debt. If your company was a sole proprietorship or an LLC being taxed as one, the proprietor is automatically liable for the 941 taxes personally (the IRS does not have to make a separate assessment). In this case, only the income and assets of the liable spouse are subject to IRS enforcement (unless, again, you are in a community property state).
Where can one find information on IRS debt trouble?
A person can find information on IRS debt trouble. The first thing to do would be to go to google and search IRS debt trouble. Finding information on google is a great way to find information.
