Q: My step daughter has been proposed to by a guy that owes the IRS about ½ a million dollars in back taxes.
What would her liability be if she were to marry him? She has a retirement on her current job. Could they touch it? Or her house? Car? How could she protect her assets from the IRS coming after them to satisfy his tax debt?
Thank you.
A:
Please note, I am answering this question as if your daughter will reside in a state that does not have community property laws. If she does this answer will not apply.
If she did not file a joint return with him, she will not be liable for any of his tax debts. Having said that she will need to worry about entangling her assets with him. While they cannot take any of her solely owned assets to satisfy his debts, for anything they own jointly, his half may be subject to seizure including property, bank accounts, stocks, etc. Trying to convince the IRS that money in a joint bank account where there is co-mingled funds that all the funds should not be subject to seizure can get tricky.
I always recommend that prior to getting married the person with the tax debt contact a good tax attorney and see if they can set up a collection alternative for them. An Offer in Compromise is frequently easier to get when there is only one income to consider. Just tell them to stay away from the places you see advertised on tv and use a good experienced tax attorney. Most of us offer a free consultation and he would have nothing to lose by contacting us and having us review the case and discuss his options.
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