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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
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