My wife and I are divorcing. In 2012 and 2013 we filed separately on state and federal taxes. She received a refund and I owed. I still owe a portion of the debt. is this considered community or separate debt?
My wife and I are divorcing in California. In 2012 and 2013 we filed separately on state and federal taxes. She received a refund and I owed. I still owe a portion of the debt. is this considered community or separate debt?
Depends upon state law, but generally any tax due on separate returns is the responsibility of the taxpayer who filed the return.
If you lived in a community property state when the return was filed and did not properly divide the income and withholding equally between you, any resulting debt is probably part of the marital estate.
They are separate debts but can be satisfied with community property. If you are on decent terms you could amend 2013 (but not 2012) to joint and you might be able to wipe out the remaining separate debt.
Separate, you filed separately. Your debt only.
in a divorce you each list your assets and your liabilities, the tax debt you owe is yours to list
It isn't her fault that you didn't correctly fill out your W-4 so that you wouldn't owe.