Asked in Tax Law for Florida

Q: Married filing jointly, husband owes money to IRS (FL)

I'm in FL. Been filing married filing jointly for 6 years, but was never aware of anything as my husband was doing everything and also signing for me (I knew about it, I trusted him). Now he told me he owes a lot of money to the IRS. I've never had anything to do with his business and I work very rarely and make almost nothing, he's been supporting me financially. Now I'm terrified as I guess we would both be responsible in front of the law for this debt. Is there anything he/we could do for him to officially take all the blame in front of the IRS? Also, should I start filing married filing separately from now on? I trust him, he doesn't want to damage me, so if there's something he can do to leave me out he will do it.

Thank you

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1 Lawyer Answer
Leihernst Lamarre
Leihernst Lamarre
  • Tax Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Suppose your husband incurred the debt before you guys married, then the debt is in his name alone. However, if the tax debt occurred during the marriage and you file Married Filing Joint, you are also responsible for the tax debt. The best way to protect yourself from having any refunds or credits that are due taken is to file Married Filing Separate. However, be warned that you will lose out on some credits using this method

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