Will my wife also be liable for my back taxes? How? 5 Answers as of June 08, 2015

I am the sole owner of a corporation. I owe back taxes on my business and I am trying to take care of it myself. I am worried about the information asked for on the collection information form to create a self-employment installment agreement. They said that they will set up an installment plan for me. But the form asks for the Society Security Number of my spouse and asks her to sign. Will they go after her for the money? Why do they need her information?

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Ronald K. Nims LLC | Ronald K. Nims
You and your spouse need to be represented by an attorney. She definitely needs legal advise before she signs anything that could make her liable for your tax debts.
Answer Applies to: Ohio
Replied: 6/8/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
If it is community property, then it is half her responsibility, too. Is she signing only to verify the truth of the info about her? Either way, we may have ways to insulate her from any of this liability.
Answer Applies to: California
Replied: 6/8/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
See an attorney, generally it should be your sole responsibility but no opinion without the details.
Answer Applies to: Michigan
Replied: 6/8/2015
Polsinelli Shughart PC | William B. Prugh
You are wise to try to set up a payment plan. They want the spouse's name and number in case there is a question of whose property it is. You should avoid any joint bank account or joint ownership with your spouse if you can. She is not liable for your individual taxes unless she receives some property from you or some of your assets are in joint names with her. You should consult a tax preparer, CPA or attorney to be sure of the rules.
Answer Applies to: Missouri
Replied: 6/8/2015
McKenzie,Wilkes & Mahmoud | Henry Nasif Mahmoud
1. Have you consistently filed as married filing a joint 1040 tax returns? 2. Has she been aware of all the issues in the tax returns? 3. Has she contributed to preparation of the returns? 4. Have you just had her sign without her having knowledge of what was in the tax returns? After you answer these questions, we will be able to give you a more accurate answer as to whether we may help her escape liability. Since they are asking for social security information and for her to sign, they seem to have an intention to make her liable.
Answer Applies to: Illinois
Replied: 6/8/2015
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