nevyn55025
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Yes they can. If it was a joint claim then it's a joint debt. |
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yopeach
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You betcha they can---and will. |
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fluffy the wonderdog
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yup, they will take whatever they can to get paid... it was a joint claim. any time you make money they want their cut. good luck, this also opens up the possibility that they will audit prior years for underreporting on your part. |
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justme1
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Yes they can...it's the marital residence. You will have to prove he's got no claim on it and is living there without paying anything.
Look...if you die tomorrow, who gets the house? That's how they look at it. It might not be an asset he can tap right now, but if he lives there, he enjoys benefit of the property. And..WHAM. Lien.
They can withhold the entire refund check too, if you filed jointly. If you weren't with him in '05 or '06, look into the Innocent Spouse rule to get a lien lifted, but kiss your refund check goodbye, unless you file separately from this point on.
If he makes a penny over $600 from a job, whether he gets paperwork on it or not, it's got to be claimed.
I don't think the subpoena call has anything to do with it. |
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Cosmo
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If you filed a joint return then you are legally liable for his taxes. Yes they can put a lien on your house. Same thing happened to a friend of mine. |
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Tres7
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This would be my opinion but it would be wise to contact your CPA or tax adviser about this issue. If you filed jointly you are both responsible for what is on the tax return. When you owe the IRS they can place a lien on your home, your wages, etc. But once a payment schedule is met they will more than likely work with you. You will have penalties and interest due but you will be able to work this out. The IRS typically work with people rather well even though they come across very strong. It is not uncommon for people to owe back taxes but getting it headed toward a solution and off your back is the key. Good Luck! |
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ronald.glass@sbcglobal.net
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Yes, the IRS stops for nothing and exempts no one. The house may be in your name only, but that will not protect you from joint liability on tax returns. The subpoena may simply be to appear for something else. I assume the subpoena was from the IRS. Good luck and consult a good local tax man. |
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rcnnorthd
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Uhm...you're really in need of some help understanding what's going on. First and foremost, you filed jointly: you're jointly responsible...end of that story.
You get a subpoena and you're not sure who it came from? Not sure who it came from???
1) Uhm, did you open it?
2) Uhm, is there a return address on the envelope?
3) Uhm, if you answer "no" to either or both, uhm...how do you know it's a subpoena?
Check with your state tax department. I'm certain that if you go to them first with the situation and a plan to pay any debt owed, you'll find it a bit more palatable than if the IRS comes after you. |
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who is #1?
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You 2 filed a joint return. You are liable jointly for the back taxes. Doesn't matter whose name house is in, you owe so they will lien on you. (good pun huh?)
Karaoke business? It's so hard not to make jokes when the IRS is on your trail.
I have found (having been self-employed for many years) that the IRS is always very nice when you are surrendering. Phone them and make a payment agreement. While you are arranging that they will put a hold on all enforcement activity. |
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Judy1
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You said from your "joint claim". If you filed a joint return for those years, then yes you are equally responsible for the tax debt.
There should be something on the subpoena saying who it's from. |
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Sarah S
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I would consult with a lawyer. But I would think that yes they could put a lien on your home because you're married. So in a way the house does belong to him too. Is your husband's name on the title of your home?
Because I am the only one on the mortgage for my home but both my husband and my name are on the title. |
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Jess
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Because you filed a joint return for those tax years, you are obligated to pay any tax resulting from that joint filing, interest and penalties. Whether it was your husbands fault or not. You need to keep in mind penalties and interest will continue to accrue the longer you wait. You do have a few options.
First before we get into the options contact the IRS. Do not ignore notices. I assume you have received a few notices already about the situation. That is where people make the biggest mistakes. All you are doing is hurting yourself if you avoid the situation. IRS people are not as bad as most people think. (I know I will probably get slammed for saying that but its the truth.)
Ok now to the options.. You have the opportunity to file an injured spouse claim. Which you might still end up paying something. Assuming it was accepted.
There are extensions to pay, which can give you some time if there is a possibility you can pay off the balance due within 120 days.
Then there are installment agreements. There is a user fee for this. If an installment agreement is made you will agree to making payments every month on a specific day for a specific amount. If you default there is another fee you would have to pay to get it reinstated.
With each of these options penalties and interest will continue to accrue. Pay it off ASAP. That way you can avoid a Lien and/or Levy's. Call the IRS and discuss your options then consult legal counsel if you are still not sure what to do. |
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wartz
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Reading between the lines, it sounds like you and your husband owe taxes on a joint return reporting his income. If this is correct you both owe the tax and IRS and the state can file a notice of lien that attaches to your separate property. It ordinarily does not file liens for less than $5,000. You don't state what is owed.
If there were not taxes being withheld from his pay (more on that later) didn't you notice this? It should not have come as a big surprise and should have been dealt with throughout the years.
If you and he didn't understand what was going on, I am not surprised. I have a canned explanation to apparently clueless independent contractors and, if you are asking relatively simple questions in this forum, no offense, but you qualify as clueless:
Some employers try to get around paying employment taxes (social security and unemployment) and other employee benefits like workers compensation insurance by improperly classifying employees as independent contractors. The basic issue is the amount of control the employer has over the worker. If you are required to show up for work--personally--at a particular time, punch the clock, use the employer’s equipment and are paid an hourly rate, or another set rate based on time served, you are an employee. If you didn't understand the difference when you posed your question, I would be even more convinced that you are an employee. What is your preference, Slotted or Phillips? Complete an IRS Form SS-8 to get an official ruling on your status. This will help you get unemployment if you get fired. When you file your income tax return, you can attach Form 8919 Uncollected Social Security and Medicare Tax on Wages and only pay the employee's half of social security. You will still have to cough up all the income tax. IRS and the states are stepping up enforcement in this abuse area.
Your statement "he just got a call about a subpoena and we are not sure who it came from" is unclear. If a subpoena was an IRS summons and was served on a third party like a bank, you will get a copy of it along with instructions on how you can petition US District Court to quash it. (This is something you are unlikely to be unsuccessful at.) When you are at this point you are in heavy duty territory and should seek professional assistance because you don't seem to know what is happening. |
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Curtis R
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if it was a joint claim they can make you pay if you made money thoughts years not just a tax deduction.
if you got a subpoena it should tell you who filed. |
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leonard s
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put a lien on ? yes. sell probably not . pay your taxes .you and your husband cannot be stupid enough to have believed the income was non taxable in the first place. the IRS does not send subpoenas for tax problems they just take send a notice of intent to lien then they exercise the lien.
go and talk to a tax consultant real soon they can help you |
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barrbou214
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the state that you are from and where the home is located would have been helpful, but the IRS considers all property to be jointly owned if you are married. and to let you know, if he is an independent contractor, he needs to keep up with his own taxes, it is not the responsibility of the person who hired him to do so. |
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chilicooker_mkb
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oops! You owe. The IRS can do whatever they want. Be prepared to pay. |
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Carol
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Yep, in fact they can do more than that. They can freeze your credit cards, garnish your wages, etc.
You had better pay it, or get a good lawyer!! There are places out there that help with people in your situation, check the internet for tax relief. |
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arizona wolfman
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Yes they can, but you should file a homestead on your house anyway. |
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eugene65ca
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Consult a lawyer |
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John M
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if his name is on the house yes. If IRS comes knocking get a lawyer. Sue the ex and get him in jail. Working with the IRS IS THE BEST WAY TO GO.
I RS doesn't send subpoena out, they call you first. |
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bugojanka69
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guess what i found out..... that in our constitution it says that we are not obligated to pay tax........
however.....we live in a retarded world.....so that will prolly happen to you......
you can watch a movie....bout it.....
pretty interesting...... |
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Gaylord F
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you shouldnt be thinking about your house, but your husbands debt
or are you too selfish? |
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