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Additional Details
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bentonjessica | Can the IRS force me to sell MY inherited land because of my husband's tax debt before we married? |
My husband and I married two years ago. He had a failed business resulting in delinquent taxes and TFRP about 8 years ago. We were not married at that time. Since we married I inherited 6 acres of land and added my husbands name to the deed, unaware of the tax issues. We have since submitted a request for installment to the IRS and they have replied stating that we have to sell and/or borrow against the land to pay the debt. We were denied a loan due to our credit. Can the force me to sell the land that I feel belongs to be, just because his name was added? |
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exirsman
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This is tough. Under normal circumstances, no IRS could not force you to sell the land nor could they seize it since it was your separate property and you are not liable on the tax debt. If you lived in a community property state, IRS would have a theoretical claim on 50% of your income as long as you remained married to him however and a right to attack joint bank accounts or account that have "co-mingled" funds. Property from before the marriage is separate property as is inherited property.
The problem in your scenario is the you added him to the deed. That was a bad move and by doing so, IRS now has a claim on his interest. I would hire a tax professional and consult with an attorney. You may file an appeal with the Collection Manager. If that doesn't work, you can file with the Appeals Division or you could file a Form 911 with the Taxpayer Advocates Office. I have attached both forms below.
PS-DO NOT HIRE AN OUTFIT LIKE JK HARRIS OR TAXMASTERS etc. HIRE A PERSON. Good Luck!!! |
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MadMan
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Yes, as his name is on the deed. |
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wartz
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IRS can not force you to sell your land. It can force your husband to sell his or seize it. Since it is jointly owned this will be difficult to do. I have a client now who has a similar problem. You should have sought professional advice before deeding the property to him because dealing with it now has presented enormous difficulties as you have obviously found out.
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Judy1
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You were doing OK until that line where you said you added his name to the deed. At that point it became joint property, and yes they can. |
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chatsplas
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Consequences of your actions in first marrying him and then adding him to deed, and in making poor financial decisions.
Of course the land is yours, but you added his name and he owes the IRS big time and hasn't been paying and you two have a pattern of poor financial decision-making (=poor credit). TALK to the IRS, taxpayer advocate. You two have dug yourselves a hole, and the IRS isn't going to let you out without something. |
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Charles G
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His name is on the deed, so he owns an interest in the land.
Document to the IRS person you are dealing with that you cannot borrow against the land, show them the bank denials. (Try more than one bank.)
If it is a "good" IA, probably they will give it to you with that documentation. (A good IA will pay off in 5 years or less)
Whether the IRS takes the land or not depends on a lot of facts not listed in the question; how much does he owe, how much is the land worth, how much can they collect otherwise (bank levy, wage garnishment, etc.), even if the land is developed or not. If the land sale can pay off the debt, it makes it more attractive to them. If it looks hard to sell, it makes it less attractive. Etc. |
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John Scott
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The IRS will ask for proof that you are not able to borrow against this property. They will want a copy of the application and the loan denial letter. Once this is provided they will be satisifed. |
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Bob F
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Putting his name on the land may have been a bad idea. Since you put his name on the land, it is an asset that the government can put a lien on now, or demand that you sell before they grant you an installment program.
If you are serious about installments and intend to make the payments and never miss one, I would fight the sale of land request. If the agent you are in contact with will not negotiate that request away, ask for his group manager (his boss). They have more authority and are usually a lot more reasonable.
On the other hand, if you are not serious about the installment plan and are using it only to buy more time, do not try to negotiate the sale of land request away. If you get the installments and start missing payments, they start getting nasty if they did you a favor getting those installments. |
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