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Last year's state refund: from filing jointly to head of household

 

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Subject Author Date
Last year's state refund: from filing jointly to head of household Chu 02-05-2007
Posted by Chu on February 5, 2007, 1:31 am
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Last year, my wife and I filed our taxes jointly. This
year, we're separated and I'm filing head of household
status. I received a 1099- G for last year's state tax
refund ($500) that was made out to both of our names.

Who has to add the 1099-G amount to their income when filing
separate returns this year? If amicable (and legal), I want
my ex to do it since she makes substantially less and the
added $500 income will not negatively affect her tax
situation.

So - can we do this? Do we split it in half, what?

Thanks,
./Chu

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Posted by Benjamin Yazersky CPA on February 6, 2007, 9:58 pm
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> Last year, my wife and I filed our taxes jointly. This
> year, we're separated and I'm filing head of household
> status. I received a 1099- G for last year's state tax
> refund ($500) that was made out to both of our names.
>
> Who has to add the 1099-G amount to their income when filing
> separate returns this year? If amicable (and legal), I want
> my ex to do it since she makes substantially less and the
> added $500 income will not negatively affect her tax
> situation.
>
> So - can we do this? Do we split it in half, what?

its the sort of thing that the divorce attorneys need to
agree on

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Chu on February 7, 2007, 7:48 pm
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>> Who has to add the 1099-G amount to their income when filing
>> separate returns this year? If amicable (and legal), I want
>> my ex to do it since she makes substantially less and the
>> added $500 income will not negatively affect her tax
>> situation.
>>
>> So - can we do this? Do we split it in half, what?

> its the sort of thing that the divorce attorneys need to
> agree on

Not unless the divorce attorney is a tax accountant! My ex
does not have an issue taking last year's "joint filing,
state refund" on her income this year. The question is - is
this allowable? Since we filed jointly last year, do we
have to split this refund, both declare it, or decide which
one of us will declare it?

Thanks.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Stuart A. Bronstein on February 9, 2007, 12:10 am
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>>> Who has to add the 1099-G amount to their income when filing
>>> separate returns this year? If amicable (and legal), I want
>>> my ex to do it since she makes substantially less and the
>>> added $500 income will not negatively affect her tax
>>> situation.
>>>
>>> So - can we do this? Do we split it in half, what?

>> its the sort of thing that the divorce attorneys need to
>> agree on

> Not unless the divorce attorney is a tax accountant!

You're kidding, right? This is not an uncommon question in
divorce situations. Divorce lawyers at least need to be
able to recognize when this can be an issue and call in
additional help when necessary.

> My ex does not have an issue taking last year's "joint filing,
> state refund" on her income this year. The question is - is
> this allowable? Since we filed jointly last year, do we
> have to split this refund, both declare it, or decide which
> one of us will declare it?

My guess is that if you have a written agreement on this
issue, it will be sufficient. But I'm not an expert on this
point and I have not taken the time to research the issue in
detail.

Stu

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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