- quote -

As others have pointed out here, you would be the injured,
not innocent, spouse (though you may also be innocent - no
judgments here.) Since the injured spouse process is not
exact and often falls through the cracks, you would do
better if you both decrease your withholding to generate
little or no refund to be offset.

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- quote -

Right, my bad...we're working on "innocent spouse" for her
(her ex did some tax-related stuff that she wasn't aware of
that got them into trouble) and if we eventually wed before
that's cleared up I would be the "injured spouse." Hopefully
I have it straight now.

--
John D. Goulden

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"John D. Goulden" wrote...
- quote -

-------Injured-------------
- quote -

It would, but you still need to include the Form 8379,
to secure the Injured Spouse Relief -YOU- are entitled to.

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- quote -

It is possible that I may find myself in this same
situation. My gf and her ex have a joint back tax liability
and are currently repaying it, but her refund is always
retained and goes towards the debt. If we marry, I would be
the innocent spouse. A strategy we had considered is to
reducing her withholding and increasing mine - that is,
withholding enough to cover our joint taxes for the year,
but then retaining all of our refund (it would be from my
withholding, not hers). Any potential problems with this
scenario?

--
John D. Goulden

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[OP (trish) and previous response of mine are omitted.]
This is to correct my advice:

- quote -

The above information pertains to a different type of
situation, and the other responders were correct in
referring you to Form 8379, Injured Spouse Relief -- which
specifically addresses your case (prior federal debt owed by
only one spouse).

Sorry for the misdirection.

Bill

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"Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:

- quote -

<snip
- quote -

Wrong provision. Innocent spouse applies when the couple
filed a joint return and the spouse is, at the moment,
liable for the tax. That's not the case here, where injured
spouse applies.

--
Phil Marti
Clarksburg, MD

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trish wrote:

- quote -

The "injured spouse" scenario might apply. See Form 8379
and related instructions, also see Pub 17 discussion of
injured spouse.

The rules for community property states are different, and I
have been told that in such situations you are better off
married filing separate.

There are drawbacks to MFS status, but in the end the spouse
might receive a significantly larger refund for the current
year under this scenario, in a community property state.
For future years, YMMV.

-Mark Bole

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trishmcgavock[at]gmail.com (trish) posted:

- quote -

Yes, Trish, there is a Santa Claus. It's known as the
Request for Innocent Spouse Relief. When Married Filing
Jointly and one spouse has an obligation, the innocent one
can be relieved of responsibility. Details are available in
Publication 971, Innocent Spouse Relief, and Form 8857
should be filed.

Bill

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"trish" <trishmcgavock[at]gmail.com> wrote:

- quote -

All best wishes

- quote -

No. However, if you live in a community property state,
"his" assets can be at risk.

- quote -

You include an "injured spouse" claim with your return. The
refund is apportioned so that only your share of the refund
is applied to your separate debt. See the 1040
instructions.

- quote -

You'll probably pay more tax in total, but the only way to
be sure is to run the numbers.

--
Phil Marti
Clarksburg, MD

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"trish" wrote...

- quote -

--No--

- quote -

--TRUE--

- quote -

Yes, but you can include form 8379 to allocate his/your
portions of the JOINT return refund.
He will get his money.
Your share will be offset to your old tax bill.
This process add's a few weeks delay in the processing but
at least he will get his refund.

- quote -

Only from your return, none from his, the problem arrises,
in that it may be better to file jointly then sepparately

- quote -

If you & your husband agree to just let the offset -IN FULL-
occur now, it will speed up your repayment of the old taxes,
in the long run this will help the family unit {You, Him &
your Dependents} by bringing you out of tax debt sooner,
something to consider, unless he has made plans for his
share of refund already.

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"trish" <trishmcgavock[at]gmail.com> wrote

- quote -

Yes, unless you file Form 8379 Injured Spouse Allocation.
It's like filing separate returns, allocating your income,
deductions, exemptions, taxes and payments and his income,
deductions, exemptions, taxes and payments. If it shows he
gets a refund, they'll send that portion. Any refund
allocatable to you is kept for your back taxes.

- quote -

That'll work too, but you lose out some on tax breaks, so
look at that form first.

- quote -

Only if you file jointly and don't allocate the refund using
that form.

- quote -

It does, and the IRS has as much common sense as Congress
gives them. Use that form to tell them how much of the
refund (if any) is his, and how much (if any) is yours.

--
Paul Thomas, CPA
paulthomascpapc[at]bellsouth.net

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trish wrote:

- quote -

You can file a joint return and have him complete Form 8379
to file as an injured spouse. This protects his share of
any tax refund.

--
Alan
http://taxtopics.net

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I owe taxes to the IRS for the years 2000-2004, and have an
installment agreement to pay it back. I was married last
year (2006) - will my new husband be responsible for this
debt? I realize that if I file a return that shows I am due
a refund, the refund will be applied toward my debt. If we
file jointly and are due a refund - will they do the same?
What if we file separately? Will any refund he is due be
taken to pay toward my debt? Common sense would tell me
that if I incurred the debt before being married, he should
not be responsible. But I want to be sure. Any info is
appreciated! Thank you.

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