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    Nise5280's Avatar
    Nise5280 Posts: 30, Reputation: 2
    Junior Member
    		  
    #1

    Jun 15, 2013, 03:26 PM
    Need IRS rules / for member of LLC who owes tax debt
    My husband and I just formed an LLC in trucking/transport field. We are very small -- one truck & trailer / owner-operators. I am the sole proprietor on the LLC and all other documents. My husband drives as contract labor. We want him to join the LLC as a member -- however he has a couple of years of taxes that he did not file (about a decade ago), and has some IRS debts to pay. What, if anything can the IRS do if he pops up on their radar by being added to the LLC? I do not want to wake up & find my bank account cleaned out, but have not been able to get an answer to this situation. I just want to know what they are able to do if we are both listed on the LLC papers. I do not have any tax debts, or any issues of any kind. Thank you for any guidance or answers! I will read them all. Nise5280
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 15, 2013, 05:05 PM
    Did you form the LLC without an attorney?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jun 16, 2013, 06:29 AM
    Theoretically, your spouse's tax matters and the LLC are two separate issues and one should not interfere with the other.

    However, as a practical matter, your fears that the IRS may attempt to recover his past due taxes from the LLC ARE feasible, so I recommend you keep him separate from the LLC until his troubles with the IRS are settled.
    Nise5280's Avatar
    Nise5280 Posts: 30, Reputation: 2
    Junior Member
    		  
    #4

    Jun 16, 2013, 05:08 PM
    Quote Originally Posted by JudyKayTee View Post
    Did you form the LLC without an attorney?
    Hi that is correct, no lawyer involved with the set up process. All has gone smoothly xcept for wondering about my husband joining the LLC.
    Nise5280's Avatar
    Nise5280 Posts: 30, Reputation: 2
    Junior Member
    		  
    #5

    Jun 16, 2013, 05:19 PM
    Thanks for your quick reply... I have been figuring any govt entity that can come along and scoop up your bank acct or even garnish your paycheck won't care if the money is mostly mine and not my husband' s. I will be adding him when his issue is resolved. Thank you again! Nise5280
    Quote Originally Posted by AtlantaTaxExpert View Post
    Theoretically, your spouse's tax matters and the LLC are two separate issues and one should not interfere with the other.o

    However, as a practical matter, your fears that the IRS may attempt to recover his past due taxes from the LLC ARE feasible, so I recommend you keep him separate from the LLC until his troubles with the IRS are settled.
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