Archive for the ‘Taxes’ Category

Owe back taxes, but have no money to pay them? Suggestion:

Sunday, April 10th, 2011

Many years ago I found myself in a tough situation.  I owed the IRS for 2 years of unpaidself-employment income taxes.  I had some medical problems and was unemployed part of the time.  The rest of the time I just wasn’t making much money at all.  The IRS was hounding me all the time for the money, but I just didn’t have it.

Sometimes, we just have to do what we have to do to get by.  I am sure a lot of you can relate to that.  So I wanted to share some information with you that I learned while going through that time.

If you are in a situation like I was… no money and you owe taxes… the IRS does have options.  The IRS can work out a payment plan for you if you request it.  If you absolutely cannot make payments (like me at that time), they have something called a “currently non-collectible status” or “currently uncollectible status”.  This puts your tax accounts into a hold status.  It stops all collection processes until you get back on your feet.  However, it does have some down sides that you should be aware of.  While in that status, the statute of limitations for collection of taxes is also put on hold.  But the most important thing (and they failed to tell me this at the time) is that they might place a lien against you for that tax amount.  They did not tell me that would happen until after I had agreed to being put in that status over the phone.  So I ended up with two federal tax liens. 

That was the beginning of my tax problems for, which ultimately led to me filing for and receiving the IRS Offer In Compromise (explained in other bogs).  My OIC caused those tax liens to be released, but they are still on my credit.  If you can avoid the tax liens… do so.  It’s extremely difficult, if not almost impossible, to tax liens removed.  And they make your credit look pretty bad.

I thought I would share this information in case someone else out there is struggling too and feels like there is no hope.  You might have to take some hits in some areas, but sometimes you just have to take a few steps back to go forward again.

Update: Divorce is final! What happened with the First Time Home Buyer Tax Credit:

Saturday, April 9th, 2011

My divorce was finally official this week.  We both agreed to have my husband (spouse) keep the home.  I have not signed my interest in the home over yet (waiting on my lawyer).  In the divorce decree it states that I transfer all interest and rights to the home to my ex-husband.  It also says specifically that he will assume all responsibility for the IRS First Time Home Buyer Credit repayment.

According to the IRS, he will not have to pay that money back to the IRS unless he moves or sells the home.  Then he will have to pay the full $8,000 back.

I want to give some advice regarding divorce and the First Time Homebuyer Tax Credit.  If you are thinking of divorce, it is best for both of you to stay in the home until the divorce is final or you have transfered your rights and interest to the home over to your spouse.  Lucky for me, we were able to get the divorce done fairly quickly before the IRS came after me for having moved out of the house.  I do not know what triggers them to act on that or how long it takes them to demand the money, but if they did… it would have made things extremely complicated.  I do wish that I had stayed in the home because it really worried me. 

It also caused me to wait until the last minute to file our 2010 taxes.  I still have not filed because I have not transfered my interest to him yet.  I can’t remember what it’s called… maybe a Quitclaim Deed?  I have been too scared to file my taxes because of my new address and I am not trying to do anything to alert them of the move before he has full legal posession of the house.  I also want to send in a copy of the divorce and transfer documents with the tax return to avoid any issues in getting my 2010 refund.

A reader shared this link on one of my previous posts.  I found it to be extremely helpful.  It is the IRS rules and guidelines for divorce and repayment of the First Time Home Buyer Credit and also how moving or selling the house affects repayment.

http://www.irs.gov/newsroom/article/0,,id=206293,00.html

Hope this helps!  And remember, share your experiences with this too.  I’m sure others would find it very helpfull.

Divorce and repayment of First Time Home Buyer Tax Credit

Thursday, December 2nd, 2010

I recently had to do some digging on divorce and how that effects repayment of the First Time Home Buyer Tax Credit.  I didn’t find a whole lot of information about my specific situation so I wanted to share it here with you.

My soon to be ex-husband bought our first home this past April.  Only his name is on the mortgage, but we both got the full credit ($4,000 each for a total of $8,000).  We are now getting a divorce and I wasnt sure if I would have to pay my half of the credit back. 

After some research, I did find out that yes… whoever moves out of the home has to repay their portion (half) of the first time homebuyer tax credit.  However, I also found out that if I legally transfer my rights to the home to my ex within the divorce decree, then that transfers full responsibillity of the tax credit to my ex.  Meaning that he becomes responsible for repayment of the full $8k should he move out of the home, sell, or foreclose.  As long as I legally transfer all my rights regarding the property to my ex-husband, then I am off the hook.  But it has to be legal and included in the divorce decree.

I figured there is probably someone out there in the same awful situation and could use some advice.  I obtained that information from the IRS and also my divorce lawyer.