Am I responsible for paying my new husband's past tax debt?

We were married last year and will be filing out taxes together this year. My husband owes money to the IRS (due to a poor business decision that he made while self employed a few years back) that he makes monthly payments on. He has said that if he has been owed a refund in the past that it was just applied to his debt. If we file jointly will our joint refund automatically go towards his tax debt? Also, we have a young son and cannot take the child tax credit or deduct his childcare expenses if we file separately.

Thanks to all who mentioned the "injured spouse" rule. I found that this form relieves me of responsibility for his debt and will allow me to keep my part of the refund. Also, to avoid any confusion this rule has nothing to do with someone having actually been physically injured.

You can file an injured spouse form and your part of the refund would not be taken.

Yes, unless you file as "injured spouse." It's in your best interest to help him pay off the debt asap.

"For richer, for poorer..."

Yes - you married him, you inherit his past problems.

My fiancee has a considerable amount of debt. We plan on filing separately so not to affect each other financially...

I don't know if you'd be responsible as his wife. Good question...

If you are married it is both your debts. Sorry.

file seperately. You are not responsible for that!

you have joined lives. If you file jointly then you are responsible as a family. If you file seperately, then you personally are not responsible.

no way
thats totally his responsablity
its not ur responsibity for sumthin that he wuznt responsible enough to do

Well, you guys are married now. It sucks that he came into the marriage with debt from the past, but if you plan to be with him, it has become your debt as well. If they don't take the money now, you will be making many other future payments and if you are sharing money, then you will be paying it anyway. I would go ahead and get it paid back as soon as possible, so you don't have to deal with it in the future.

there is a form you can file to make it where you will still get your tax refund ask your tax preparer .

I don't believe his past debits would fall on you but you need to check with Internal revenue service

I don't think it matters if you file together or separately. They are still going to put your refund towards his debt. When I was first divorced, they tried to take my refund and put it toward child support that my ex owed me! Bottom line - they have record that you are married. Therefore, his debt becomes yours.

Your refund will get snagged by the IRS if you file jointly. It doesn't matter to them that the debt was incurred before the marriage. There is a form you can fill out regarding being an Innocent Spouse, but I am not sure about the details or what is required.

There's some good advice and some stupid advice here. You're married and together and can file MFJ or MFS. If you file separately you're right you can't get several credits. Almost all(90%) married couples benefit taxwise from filing jointly. If the tax debt predates your marriage, then you can file as aninnocent spouse (you would be injured by them taking the whole refund) and the IRS will attribute some of the refund to each of you. His will be grabbed and your share will be paid out. He is acting responsibly and paying on it monthly, and will eventually get it off his back. Why not use this opportunity of starting life together and new beginnings, by wiping out this debt? I see it as a test of your commitment to this marriage.

When you married him, you married his debt too. Filing separately is legal, and would allow you to get a return, even though he has the debt. Ultimately, though, it鈥檚 both of your finances that are going to have to pay his old debt. So, even if you get a return, you鈥檒l have to spend money to pay back the govt. And we all know that they will get their money. With the tax cut you get for getting married, it鈥檒l be a good idea to still file jointly, take the hit to your taxes, and be that much closer to getting that old debt settled.

Injured Spouse Allocation form 8379 puts a wall between your refund and his debt.

If you live in a community property state, don't plan on the money until you get it. California, Idaho and Louisiana law, for example, allows the IRS to take the entire refund of the injured spouse for back taxes.

If you get EIC, this is a federal program, not a state program. It's allocated based on income, but the amount allocated is never more than what is showing on the tax return.