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chikastuff (original poster member #35288) posted at 7:14 PM on Wednesday, September 4th, 2013
Not sure if we have any tax people around here, but I'm sure I'm not the first person in this situation.
XH and I owe taxes for 2011 and 2012. Our agreement stipulates who is responsible for what (I'm responsible for 33% of 2011 and 50% of 2012 and he's responsible for 66% and 50%). I have been waiting to get onto a payment plan with the IRS, but they've been really slow to set it up (I've received letters stating that they're reviewing our request).
In the meantime, I now have the full amount owed for my share of the debt. I would like to pay it and separate myself from what my ex owes. Is this possible? Is this something the IRS will work with me on? I was planning on making an appointment and going to see them in person. Should I have my ex go with me?
What I don't want to have happen is to pay my share and then be on the hook if/when my ex doesn't pay and they proceed with collections. Is this one of those times where they wont care what the divorce agreement states since both of our names are on the tax returns? If so, how do you suggest I proceed with repaying my share?
Me- 32
Happily engaged and moving on
sparklezombie ( member #40095) posted at 8:15 PM on Wednesday, September 4th, 2013
I'm not a tax expert, but I would be really careful about paying off your part of the debt. The IRS may not recognize any agreement you two have about who is responsible because in the IRS's eyes, you are both responsible. I would have a consultation with a tax attorney - someone who specializes in dealing with the IRS. I would not see a general family law attorney. You need someone who knows IRS regs and who has regular contact with the IRS. Many attorneys give free consultations, but it would also be worth a few hundred dollars to make sure you are protected. If you have a good CPA, they may know a good tax atty to call.
BS: Me
WH: Husband
One daughter - 22 months
Married 11.5 years
2.5 false R's.
Status: Divorcing.
You can't pick up a turd by the clean end. Time to flush the toilet.
EvenKeel ( member #24210) posted at 9:02 PM on Wednesday, September 4th, 2013
Is it possible for each of you to get an independent loan in your respective amounts and pay off the IRS totally? This could be a stipulation in your divorce decree. (Edited....just realized your D is final).
That would separate the debt in your respective percentages without you being on the hook if he didn't pay up on his loan.
(Obviously, you would never need to secure a loan since you have the $$ for your portion).
I am thinking the IRS is going to consider it joint debt in its current situation.
[This message edited by EvenKeel at 3:05 PM, September 4th (Wednesday)]
TrustGone ( member #36654) posted at 9:04 PM on Wednesday, September 4th, 2013
The IRS does not care what your divorce agreement says. They will hold you and him 100% responsible. You need a tax advisor to go with you to meet with the IRS and get it in writing with them personally on who is responsible for repayment of what.
XWH#2-No longer my monkey Divorced 8/15, Now married to a wonderful man.
"A person is either an asset or a lesson"
"Changing who you are with does not change who you are"
chikastuff (original poster member #35288) posted at 5:50 PM on Thursday, September 5th, 2013
Thanks everyone. So you think my first step is finding an tax atty?
Me- 32
Happily engaged and moving on
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