Asked in Tax Law for Arizona

Q: married almost 3 years, I can not find any of his tax records, am I liable for these/his taxes if he never filed any?

If my husband hasn't filed taxes prior to or during our marriage, am I responsible for them now that we are married? His health not good,if he passes away, would I be responsible for his prior taxes, he was getting medical disability and disability ins. from a prior business he once owned,this Unum ins.cancelled when he turned 65, he told me because he hadn't paid taxes on it, He was injured badly right after our 2012 marriage and a couple more times since, I don't think he has filed any taxes since before our marriage,he does pay his property taxes.

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2 Lawyer Answers
Jay Hall
Jay Hall
  • Scottsdale, AZ
  • Licensed in Arizona

A: Presumptively, yes. Arizona is a community property state. However, you may consult with a tax attorney to discuss various privileges that could insulate you from liability.

Zaher Fallahi
Zaher Fallahi
  • Tax Law Lawyer
  • Los Angeles, CA

A: Generally, you will not be liable for his tax liabilities prior to marriage. However, the IRS may levy your joint accounts and you would incur legal fees to straighten things out. His conduct during marriage may taint you. Consult a local tax lawyer while he is alive. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).

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