Am I responsible for my husband’s back taxes? 2 Answers as of April 22, 2011

He has not filed or paid back taxes for 10 years. He does make 3,000 dollar monthly payment. I have been filing separately for over 5 years. I plan to divorce soon.

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Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
If you filed jointly for the other 5 years you could be held liable for such taxes. This would be the result since filing jointly triggers in joint and several liability. In your divorce agreement, you should make sure that he admits that these taxes are his sole responsibility and that he will indemnify and hold you harmless for any tax liability of his that you may ultimately have to pay. Beyond that he would also need to promise to pay for attorney fees involving any IRS attempt to collect such taxes from you.
Answer Applies to: Pennsylvania
Replied: 4/22/2011
David Hoines Law
David Hoines Law | David Hoines
Not if you filed separately.
Answer Applies to: Florida
Replied: 4/22/2011
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