Q: Divorce and back taxes
I am in the middle of a pre se divorce, the last few years of marriage we filed taxes separately. I have tax debt for 2012 and 2013. We filed in 2015. Is the tax debt considered community or separate debt?
A: Generally, when you file jointly in a community property (CP) state, both refunds and tax liabilities are CP. When you file separately, each spouse may use his/her own or apportioned income and deductions and refunds and tax liabilities become separate property. 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 local counsel. Good luck. Zaher Fallahi, Tax Attorney, CPA.
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