Will the state and/or the IRS withhold my tax refund if I file jointly with my husband, if heowesstate sales tax?

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Will the state and/or the IRS withhold my tax refund if I file jointly with my husband, if heowesstate sales tax?

My husband opened a business and failed to pay all of his sales taxes. When the business failed he entered in an repayment agreement with NYS, which remains in place and current. We have filed separate for the last several years but, with the salary increases that I have had, filing jointly would be better. Will my refund be delayed, offset or otherwise reduced because of his debt? He has assumed full and sole liability and that is on the record.

Asked on January 11, 2011 under Bankruptcy Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If he has assumed full responsibility of the debt, do you mean he as the individual or the business itself. If it was the business on whose behalf he has agreed to the debt (if this is the scenario) and not as a personal guarantee to hold the debt, was the company a corporation, a limited liability company or other form? You may be held liable for that debt but understand as a matter of law, you and your spouse (whether he incurred the debt as the company or himself) may be both held to pay off monies owed because it may be seen as a marital debt. You should consult with your accountant and also any tax forms your husband signed agreeing or acknowledging the debt.


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