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Post by types4docs on Jan 11, 2012 16:32:07 GMT -5
I am currently in the middle of a divorce. Filing status for 2011 was married & 0. Soon to be ex is an owner-operator truck driver so I paid a little more out of my taxes to help him out. For 2012 I am debating whether to switch to single + 1 and letting him file single also. Will this make a big difference in the amount of tax he has to pay versus filing M+0? He will be getting the mortgage interest deduction as he is still paying the mortgage. We have no kids. Nice person that I am, I don't want him to die owing taxes to the IRS  Thanks for any advice. |
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taxref
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Post by taxref on Jan 11, 2012 16:43:31 GMT -5
Your message is a bit confusing, and I'm going to make the assumption that you are asking about filing tax returns rather than filling out a W-4.
If your divorce is finalized in 2012, neither of you will be able to file for 2012 as married (either jointly or separately). You will each need to file as single, unless you meet the requirements to file HOH.
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Post by types4docs on Jan 11, 2012 17:04:28 GMT -5
Sorry this is a bit confusing for me too. I understand we would need to file single, but I could still do the married withholding on the W4 right to help him out with the tax he's going to have to pay?
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mwcpa
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Post by mwcpa on Jan 11, 2012 17:19:26 GMT -5
if you are single, his tax is his tax and your tax is your tax, you cannot have the government allocate your withholding to him....
your martial status on December 31st is your marital status for the year...
get married at 11:59:59Pm on 12-31, you are considered married for the entire year for tax purposes...
get divorced with the judge signing at 11:59:59pm on 12-31, you are considered single for the entire year....
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Rocky Mtn Saver
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Post by Rocky Mtn Saver on Jan 11, 2012 17:24:53 GMT -5
Sorry this is a bit confusing for me too. I understand we would need to file single, but I could still do the married withholding on the W4 right to help him out with the tax he's going to have to pay? Unless you've been notified by the IRS otherwise, you each can claim whatever you like on your W-4's (just don't flag the IRS by claiming a huge number of exemptions or something) as long as you file correctly when you do your taxes next year. |
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Post by types4docs on Jan 11, 2012 17:29:31 GMT -5
if you are single, his tax is his tax and your tax is your tax, you cannot have the government allocate your withholding to him.... your martial status on December 31st is your marital status for the year... get married at 11:59:59Pm on 12-31, you are considered married for the entire year for tax purposes... get divorced with the judge signing at 11:59:59pm on 12-31, you are considered single for the entire year.... Ok so if I understand you right, since my divorce won't be final till around April, I am still considered married this year and will have to file married, but that I can still claim whatever exemptions I like on the W4. (sorry if I sound dumb, I'm really not..) |
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Rocky Mtn Saver
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Post by Rocky Mtn Saver on Jan 11, 2012 17:36:11 GMT -5
Did you and your spouse live together or apart the last six months of the year?
ETA: Also, were you legally separated at the end of the year?
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mwcpa
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Post by mwcpa on Jan 11, 2012 17:41:44 GMT -5
you are married for 2011... (but you my qualify as "single" and can file as head of household, if you meet certain requirements, like have a child, and not live with your soon to be former spouse for the last 6 months of the year)
but for 2012 you will be single if your divorce decree is finalized during the year at any point and do not remarry..... if you claim single 0 or married 100, it makes no difference for his tax in 2012.... the w-4 for 2012 is for you and you alone if you get divorced in 2012.....
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Post by types4docs on Jan 11, 2012 17:57:56 GMT -5
We were together until September. I filed initial papers in October and currently awaiting final judgment so married in 2011, single in 2012! Thanks very much for clarifying things for me.
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TheOtherMe
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Post by TheOtherMe on Jan 11, 2012 22:53:45 GMT -5
It is then either married joint or married filing separate. If you file married filing jointly, you will both be responsible for the taxes should there be an audit and additional taxes owed. The IRS would go after whoever they can get the money from.
If he is an over the road truck driver, they are an audit risk--just an FYI for you.
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Thanks for any advice.
