Will I be responsible for taxes if I withdraw money from the 401K of my husband? 5 Answers as of November 27, 2012

I married 5 months ago and my husband will be taking money from his 401k. Will I be responsible for his taxes if we file separately?

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Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
You will not be responsible for any taxes owed by your husband if you file your tax returns separately and his 401K plan funds were in place before your marriage. There may be some other issues if you reside in a community property State. Check with a tax attorney in your State.
Answer Applies to: Illinois
Replied: 1/9/2011
Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
If you file married filing separately you are not liable for any taxes that he may owe.
Answer Applies to: Pennsylvania
Replied: 1/6/2011
E. Ray Critchett, LLC
E. Ray Critchett, LLC | Ray Critchett
Generally, your husband would be the only one permitted to withdraw money from his retirement account and as such, he would be liable for those taxes and penalties. You should contact your accountant and/or a tax attorney before proceeding to ensure that you know what your tax liability may be. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at our website.
Answer Applies to: Ohio
Replied: 11/27/2012
LT Pepper Law
LT Pepper Law | Luke T. Pepper
If you file separately, you will not be responsible for the taxes for the IRA withdrawal.
Answer Applies to: Pennsylvania
Replied: 1/4/2011
Givner & Kaye
Givner & Kaye | Bruce Givner
Only your husband can withdraw money from his 401(k). Therefore, only your husband can be liable for the taxes on the withdrawal.
Answer Applies to: California
Replied: 1/4/2011
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