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Question about filing taxes after divorce

 

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Subject Author Date
Question about filing taxes after divorce The Jew 07-14-2009
Posted by The Jew on July 14, 2009, 9:17 pm
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Just a quick question that I cant seem to find the answer to anywhere:

Me and my wife are about to file for divorce. When it comes to tax
time next year when we report last years tax refund to our income for
this year, how is that handled now that we will be filing separately?
Do we split in half and each claim half of the income amount of our
refund? Should it be based on the percentage if income each of us make
like child support is. Or does it not matter who reports what
percentage as long as 100% of the refund is claimed between the two ex
spouses? I looked all over the internet and the IRS site but couldn't
find this particular question addressed.


Thanks so much for any help!

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Posted by Bill on July 15, 2009, 9:02 am
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jesseawilson@cox.net (The Jew) posted:

>Just a quick question that I cant seem to find
>the answer to anywhere:
>Me and my wife are about to file for divorce.
>When it comes to tax time next year when we
>report last years tax refund to our income for
>this year, how is that handled now that we will
>be filing separately? Do we split in half and
>each claim half of the income amount of our
>refund? Should it be based on the percentage
>if income each of us make like child support is.
>Or does it not matter who reports what
>percentage as long as 100% of the refund is
>claimed between the two ex spouses? I
>looked all over the internet and the IRS site
>but couldn't find this particular question
>addressed.

If you're asking about a refund for overpaid or overwithheld federal
taxes, there is no tax consequence for that, since it is not considered
to be income, for _federal_ purposes.

However, the federal tax refund might come into play as an item on any
_state_ income tax return -- and any state tax _refund_ would be an
issue on both of your next years' federal returns.

As long as the total amount of the refund is accounted for between your
two separate returns, there should be no problem. Now that you have
identified this as an issue, you could simply add this to your itemized
lists of "divorce settlement agreements" -- either to split such items
50/50 or by whatever percentage you agree would be fair.

Bill

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by D. Stussy on July 15, 2009, 3:18 pm
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> Just a quick question that I cant seem to find the answer to anywhere:
>
> Me and my wife are about to file for divorce. When it comes to tax
> time next year when we report last years tax refund to our income for
> this year, how is that handled now that we will be filing separately?
> Do we split in half and each claim half of the income amount of our
> refund? Should it be based on the percentage if income each of us make
> like child support is. Or does it not matter who reports what
> percentage as long as 100% of the refund is claimed between the two ex
> spouses? I looked all over the internet and the IRS site but couldn't
> find this particular question addressed.

The answer depends on where you live:

Community property state: 50% each - by law (unless you also got married
in the year the refund is for).

Other states: See the other response that has posted before mine.

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by The Jew on July 20, 2009, 5:13 pm
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I am in Arizona which I believe is a community property state. So is
it the law that it be split 50/50?


Thanks in advance!

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Arthur Kamlet on July 20, 2009, 5:24 pm
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>I am in Arizona which I believe is a community property state. So is
>it the law that it be split 50/50?


Until it stops being community property, which I understand
occurs when the couple splits, even in not yet divorced.
--

ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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