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As editor of the Jargon File and author of a few other well-known documents of similar nature, I often get email requests from enthusiastic network newbies asking (in effect)
If you do not have an Alibris account: If you have placed an order as an Alibris guest, you will not be able to log in via the Account link; instead, you must click an order-status link in your Order Acknowledgement e-mail, Shipping Notification e-mail, or a similar order-related e-mail from us in order to access your order information on our Web site. Once you do that, follow the instructions in the preceding paragraphs.
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If the payments otherwise qualify, you can deduct them as alimony on your return. Your former spouse must report them as alimony received and can include them in figuring deductible medical expenses.

Under your separation agreement, you must pay the real estate taxes, mortgage payments, and insurance premiums on a home owned by your spouse.

If they otherwise qualify, you can deduct the payments as alimony on your return, and your spouse must report them as alimony received. If itemizing deductions, your spouse can deduct the real estate taxes and, if the home is a qualified home, also include the interest on the mortgage in figuring deductible interest.

However, if you owned the home, see the example under Payments not alimony , earlier. Alimony includes premiums you must pay under your divorce or separation instrument for insurance on your life to the extent your spouse owns the policy.

If your divorce or separation instrument states that you must pay expenses for a home owned by you and your spouse or former spouse, some of your payments may be alimony. However, if your spouse owned the home, see Example 2 under Payments to a third party , earlier. If you owned the home, see the example under Payments not alimony , earlier. The following rules for alimony apply to payments under divorce or separation instruments executed after There are two situations where the rules for instruments executed after apply to instruments executed before A divorce or separation instrument executed before and then modified after to specify that the after rules will apply.

A temporary divorce or separation instrument executed before and incorporated into, or adopted by, a final decree executed after that: For the rules for alimony payments under pre instruments not meeting these exceptions, see the revision of Pub. In November , you and your former spouse executed a written separation agreement. In February , a decree of divorce was substituted for the written separation agreement.

The decree of divorce is treated as executed before The facts are the same as in Example 1 except that the decree of divorce changed the amount of the alimony. The alimony payments are subject to the rules for payments under instruments executed after This requirement applies only if the spouses are legally separated under a decree of divorce or separate maintenance.

There is no liability to make any payment in cash or property after the death of the recipient spouse. Only cash payments, including checks and money orders, qualify as alimony. Transfers of services or property including a debt instrument of a third party or an annuity contract. Cash payments to a third party under the terms of your divorce or separation instrument can qualify as cash payments to your spouse.

See Payments to a third party under General Rules , earlier. Also, cash payments made to a third party at the written request of your spouse may qualify as alimony if all the following requirements are met.

The payments are in lieu of payments of alimony directly to your spouse. The written request states that both spouses intend the payments to be treated as alimony. You receive the written request from your spouse before you file your return for the year you made the payments. You and your spouse can designate that otherwise qualifying payments are not alimony. You do this by including a provision in your divorce or separation instrument that states the payments are not deductible as alimony by you and are excludable from your spouse's income.

For this purpose, any instrument written statement signed by both of you that makes this designation and that refers to a previous written separation agreement is treated as a written separation agreement and therefore a divorce or separation instrument. If you are subject to temporary support orders, the designation must be made in the original or a later temporary support order. Your spouse can exclude the payments from income only if he or she attaches a copy of the instrument designating them as not alimony to his or her return.

The copy must be attached each year the designation applies. Payments to your spouse while you are members of the same household are not alimony if you are legally separated under a decree of divorce or separate maintenance. A home you formerly shared is considered one household, even if you physically separate yourselves in the home. If all of the payments would continue, then none of the payments made before or after the death are alimony.

Your divorce decree states that the payments will end upon your former spouse's death. Whether or not such payments will be treated as not alimony depends on all the facts and circumstances. The payments will stop at the end of 6 years or upon your former spouse's death, if earlier.

Your former spouse has custody of your minor children. The trust income and corpus principal are to be used for your children's benefit. The payments will stop at the end of 15 years or upon your former spouse's death, if earlier. None of the annual payments are alimony.

The result would be the same if the payment required at death were to be discounted by an appropriate interest factor to account for the prepayment. The amount of child support may vary over time.

A payment will be treated as specifically designated as child support to the extent that the payment is reduced either: A payment may be treated as specifically designated as child support even if other separate payments are specifically designated as child support. A contingency relates to your child if it depends on any event relating to that child.

Events relating to your child include the child's: Payments that would otherwise qualify as alimony are presumed to be reduced at a time clearly associated with the happening of a contingency relating to your child only in the following situations. The payments are to be reduced not more than 6 months before or after the date the child will reach 18, 21, or local age of majority.

The payments are to be reduced on two or more occasions that occur not more than 1 year before or after a different one of your children reaches a certain age from 18 to This certain age must be the same for each child, but need not be a whole number of years.

In all other situations, reductions in payments are not treated as clearly associated with the happening of a contingency relating to your child. Either you or the IRS can overcome the presumption in the two situations above.

This is done by showing that the time at which the payments are to be reduced was determined independently of any contingencies relating to your children. For example, if you can show that the period of alimony payments is customary in the local jurisdiction, such as a period equal to one-half of the duration of the marriage, you can overcome the presumption and may be able to treat the amount as alimony. If your alimony payments decrease or end during the first 3 calendar years, you may be subject to the recapture rule.

If you are subject to this rule, you have to include in income in the third year part of the alimony payments you previously deducted. Your spouse can deduct in the third year part of the alimony payments he or she previously included in income. The 3-year period starts with the first calendar year you make a payment qualifying as alimony under a decree of divorce or separate maintenance or a written separation agreement.

The second and third years are the next 2 calendar years, whether or not payments are made during those years. Payments required over a period of at least 3 calendar years that vary because they are a fixed part of your income from a business or property, or from compensation for employment or self-employment.

Payments that decrease because of the death of either spouse or the remarriage of the spouse receiving the payments before the end of the third year.

Both you and your spouse can use Worksheet 1 to figure recaptured alimony. If you must include a recapture amount in income, show it on Form , line 11 "Alimony received". Cross out "received" and enter "recapture. If you can deduct a recapture amount, show it on Form , line 31a "Alimony paid". Cross out "paid" and enter "recapture. You complete Worksheet 1 , illustrated later.

Information on pre instruments was included in this publication through If you need the revision, please visit IRS. A qualified domestic relations order QDRO is a judgment, decree, or court order including an approved property settlement agreement issued under a state's domestic relations law that:. Recognizes someone other than a participant as having a right to receive benefits from a qualified retirement plan such as most pension and profit-sharing plans or a tax-sheltered annuity,.

Relates to payment of child support, alimony, or marital property rights to a spouse, former spouse, child, or other dependent of the participant, and. Specifies certain information, including the amount or part of the participant's benefits to be paid to the participant's spouse, former spouse, child, or other dependent.

Benefits paid under a QDRO to the plan participant's child or other dependent are treated as paid to the participant. For information about the tax treatment of benefits from retirement plans, see Pub. Benefits paid under a QDRO to the plan participant's spouse or former spouse generally must be included in the spouse's or former spouse's income. If the participant contributed to the retirement plan, a prorated share of the participant's cost investment in the contract is used to figure the taxable amount.

The spouse or former spouse can use the special rules for lump-sum distributions if the benefits would have been treated as a lump-sum distribution had the participant received them. For this purpose, consider only the balance to the spouse's or former spouse's credit in determining whether the distribution is a total distribution.

See Lump-Sum Distributions in Pub. If you receive an eligible rollover distribution under a QDRO as the plan participant's spouse or former spouse, you may be able to roll it over tax free into a traditional individual retirement arrangement IRA or another qualified retirement plan. For more information on the tax treatment of eligible rollover distributions, see Pub. The following discussions explain some of the effects of divorce or separation on traditional individual retirement arrangements IRAs.

You can deduct only contributions to your own traditional IRA. Starting from the date of the transfer, the traditional IRA interest transferred is treated as your spouse's or former spouse's traditional IRA. All taxable alimony you receive under a decree of divorce or separate maintenance is treated as compensation for the contribution and deduction limits for traditional IRAs. Generally, there is no recognized gain or loss on the transfer of property between spouses, or between former spouses if the transfer is because of a divorce.

You may, however, have to report the transaction on a gift tax return. See Gift Tax on Property Settlements , later. If you sell property that you own jointly to split the proceeds as part of your property settlement, see Sale of Jointly-Owned Property , later.

Generally, no gain or loss is recognized on a transfer of property from you to or in trust for the benefit of:. This rule applies even if the transfer was in exchange for cash, the release of marital rights, the assumption of liabilities, or other consideration. Certain transfers in trust , discussed later. Certain stock redemptions under a divorce or separation instrument or a valid written agreement that are taxable under applicable tax law, as discussed in Regulations section 1.

The term "property" includes all property whether real or personal, tangible or intangible, or separate or community. It includes property acquired after the end of your marriage and transferred to your former spouse. After the transfer, the interest is treated as your spouse's HSA. After the transfer, the interest is treated as your spouse's Archer MSA. A divorce, for this purpose, includes the end of your marriage by annulment or due to violations of state laws.

A property transfer is related to the end of your marriage if both of the following conditions apply. The transfer is made under your original or modified divorce or separation instrument. The transfer occurs within 6 years after the date your marriage ends. Unless these conditions are met, the transfer is presumed not to be related to the end of your marriage.

However, this presumption will not apply if you can show that the transfer was made to carry out the division of property owned by you and your spouse at the time your marriage ended.

For example, the presumption will not apply if you can show that the transfer was made more than 6 years after the end of your marriage because of business or legal factors which prevented earlier transfer of the property and the transfer was made promptly after those factors were taken care of.

If you transfer property to a third party on behalf of your spouse or former spouse, if incident to your divorce , the transfer is treated as two transfers. A transfer of the property from you to your spouse or former spouse. An immediate transfer of the property from your spouse or former spouse to the third party. Instead, your spouse or former spouse may have to recognize gain or loss on the second transfer. For this treatment to apply, the transfer from you to the third party must be one of the following.

Consented to in writing by your spouse or former spouse. The consent must state that both you and your spouse or former spouse intend the transfer to be treated as a transfer from you to your spouse or former spouse subject to the rules of Internal Revenue Code section You must receive the consent before filing your tax return for the year you transfer the property.

However, you must recognize gain or loss if, incident to your divorce, you transfer an installment obligation in trust for the benefit of your former spouse. For information on the disposition of an installment obligation, see Pub.

You also must recognize as gain on the transfer of property in trust the amount by which the liabilities assumed by the trust, plus the liabilities to which the property is subject, exceed the total of your adjusted basis in the transferred property. You transfer the property in trust for the benefit of your spouse. You should report income from property transferred to your spouse or former spouse as shown in Table 5. For information on the treatment of interest on transferred U.

When you transfer property to your spouse or former spouse, if incident to your divorce , you must give your spouse sufficient records to determine the adjusted basis and holding period of the property on the date of the transfer.

If you transfer investment credit property with recapture potential, you also must provide sufficient records to determine the amount and period of the recapture. Property you receive from your spouse or former spouse, if the transfer is incident to your divorce is treated as acquired by gift for income tax purposes. Your basis in property received from your spouse or former spouse, if incident to your divorce is the same as your spouse's adjusted basis.

This applies for determining either gain or loss when you later dispose of the property. It applies whether the property's adjusted basis is less than, equal to, or greater than either its value at the time of the transfer or any consideration you paid. It also applies even if the property's liabilities are more than its adjusted basis. This rule generally applies to all property received after July 18, , under a divorce or separation instrument in effect after that date.

It also applies to all other property received after for which you and your spouse or former spouse made a "section election" to apply this rule.

For information about how to make that election, see Temporary Regulations section 1. Karen and Don owned their home jointly. Karen transferred her interest in the home to Don as part of their property settlement when they divorced last year. Don's basis in the interest received from Karen is her adjusted basis in the home.

His total basis in the home is their joint adjusted basis. Your basis in property received in settlement of marital support rights before July 19, , or under an instrument in effect before that date other than property for which you and your spouse or former spouse made a "section election" is its fair market value when you received it.

Larry and Gina owned their home jointly before their divorce in That year, Gina received Larry's interest in the home in settlement of her marital support rights. Gina's basis in the interest received from Larry is the part of the home's fair market value proportionate to that interest.

Her total basis in the home is that part of the fair market value plus her adjusted basis in her own interest.

If the transferor recognizes gain on property transferred in trust, as described earlier under Transfers in trust , the trust's basis in the property is increased by the recognized gain.

The transfers usually qualify for one or more of the exceptions explained in this discussion. See Gift Tax Return , later. For more information about the federal gift tax, see Estate and Gift Taxes in Pub.

A transfer of property to your spouse before receiving a final decree of divorce or separate maintenance is not subject to gift tax. This exception also applies to a property settlement agreed on before the divorce if it was made part of or approved by the decree.

This exception applies whether or not the agreement is part of or approved by the divorce decree. A gift is considered a present interest if the donee has unrestricted rights to the immediate use, possession, and enjoyment of the property or income from the property.

Report a transfer of property subject to gift tax on Form Generally, Form is due April 15 following the year of the transfer. The transfer will be treated as not subject to the gift tax until the final decree of divorce is granted, but no longer than 2 years after the effective date of the written agreement.

Within 60 days after you receive a final decree of divorce, send a certified copy of the decree to the IRS office where you filed Form If you sell property that you and your spouse own jointly, you must report your share of the recognized gain or loss on your income tax return for the year of the sale.

Your share of the gain or loss is determined by your state law governing ownership of property. For information on reporting gain or loss, see Pub. For more information, including special rules that apply to separated and divorced individuals selling a main home, see Pub.

But you may be able to deduct legal fees paid for tax advice in connection with a divorce and legal fees to get alimony. In addition, you may be able to deduct fees you pay to appraisers, actuaries, and accountants for services in determining your correct tax or in helping to get alimony.

You should request a breakdown showing the amount charged for each service performed. You can claim deductible fees only if you itemize deductions on Schedule A Form You can deduct fees for advice on federal, state, and local taxes of all types, including income, estate, gift, inheritance, and property taxes. If a fee is also for other services, you must determine and prove the expense for tax advice. The following examples show how you can meet this requirement. The lawyer handling your divorce consults another law firm, which handles only tax matters, to get information on how the divorce will affect your taxes.

The lawyer handling your divorce uses the firm's tax department for tax matters related to your divorce. Your statement from the firm shows the part of the total fee for tax matters. This is based on the time required, the difficulty of the tax questions, and the amount of tax involved. The lawyer handling your divorce also works on the tax matters. The fee for tax advice and the fee for other services are shown on the lawyer's statement.

They are based on the time spent on each service and the fees charged locally for similar services. Because you must include alimony you receive in your gross income, you can deduct fees you pay to get or collect alimony. You pay your attorney a fee for handling your divorce and an additional fee that is for services in getting and collecting alimony.

However, you can add certain legal fees you pay specifically for a property settlement to the basis of the property you receive. For example, you can add the cost of preparing and filing a deed to put title to your house in your name alone to the basis of the house.

See Payments to a third party under Alimony , earlier. If you have no legal responsibility arising from the divorce settlement or decree to pay your spouse's legal fees, your payments are gifts and may be subject to the gift tax. When you become divorced or separated, you will usually have to file a new Form W-4 with your employer to claim your proper withholding allowances.

If you receive alimony, you may have to make estimated tax payments. If you and your spouse made joint estimated tax payments for but file separate returns, either of you can claim all of your payments, or you can divide them in any way on which you both agree.

You may want to attach an explanation of how you and your spouse divided the payments. If you claim any of the payments on your tax return, enter your spouse's or former spouse's social security number in the space provided on the front of Form or Form A. If you were divorced and remarried in , enter your present spouse's social security number in that space and enter your former spouse's social security number, followed by "DIV" to the left of Form , line 65, or Form A, line If you are married and your domicile permanent legal home is in a community property state, special rules determine your income.

Some of these rules are explained in the following discussions. If your domicile is in a community property state during any part of your tax year, you may have community income. Your state law determines whether your income is separate or community income.

If you and your spouse file separate returns, you must report half of any income described by state law as community income and all of your separate income, and your spouse must report the other half of any community income plus all of his or her separate income. Each of you can claim credit for half the income tax withheld from community income. Certain community income not treated as community income by one spouse. You will be responsible for reporting all of it if: Relief from liability for tax attributable to an item of community income.

Wages, salaries, and other compensation your spouse or former spouse received for services he or she performed as an employee. Income your spouse or former spouse derived from a trade or business he or she operated as a sole proprietor. Your spouse's or former spouse's distributive share of partnership income. Income from your spouse's or former spouse's separate property other than income described in a , b , or c. Use the appropriate community property law to determine what is separate property.

Any other income that belongs to your spouse or former spouse under community property law. Under all facts and circumstances, it would not be fair to include the item of community income in your gross income.

Equitable relief from liability for tax attributable to an item of community income. In order to be considered for equitable relief from liability for tax attributable to an item of community income, you must meet all of the following conditions. A fraudulent scheme includes a scheme to defraud the IRS or another third party, such as a creditor, former spouse, or business partner. If the liability is partially attributable to you, then relief can only be considered for the part of the liability attributable to your spouse or former spouse.

The IRS will consider granting relief regardless of whether the understated tax, deficiency, or unpaid tax is attributable in full or in part to you if any of the following exceptions apply. The item is attributable or partially attributable to you solely due to the operation of community property law.

If you meet this exception, that item will be considered attributable to your spouse or former spouse for purposes of equitable relief. If the item is titled in your name, the item is presumed to be attributable to you.

However, you can rebut this presumption based on the facts and circumstances. If you meet this exception, the IRS will consider granting equitable relief although the unpaid tax may be attributable in part or in full to your item, and only to the extent the funds intended for payment were taken by your spouse or former spouse. If you meet this exception, relief will be considered even though the understated tax or unpaid tax may be attributable in part or in full to your item.

For information on how and when to request relief from liabilities arising from community property laws, see Community Property Laws in Pub. In some states spouses may enter into an agreement that affects the status of property or income as community or separate property.

Check your state law to determine how it affects you. If you are married at any time during the calendar year, special rules apply for reporting certain community income.

You must meet all the following conditions for these special rules to apply. If all these conditions exist, you and your spouse must report your community income as explained in the following discussions. See also Certain community income not treated as community income by one spouse , earlier.

Earned income is wages, salaries, professional fees, and other pay for personal services. Treat income or loss from a trade or business carried on by a partnership as the income or loss of the spouse who is the partner. Treat income from the separate property of one spouse as the income of that spouse. Treat social security and equivalent railroad retirement benefits as the income of the spouse who receives the benefits. Treat all other community income, such as dividends, interest, rents, royalties, or gains, as provided under your state's community property law.

Both domiciles were in a community property state. During the year their incomes were as follows:. Under the community property law of their state, all the income is considered community income. Some states treat income from separate property as separate income—check your state law. But because they meet the four conditions listed earlier under Spouses living apart all year , they must disregard community property law in reporting all their income except the interest income from community property.

They each report on their returns only their own earnings and other income, and their share of the interest income from community property. In some states, income earned after separation but before a decree of divorce continues to be community income.

In other states it is separate income. When the marital community ends as a result of divorce or separation, the community assets money and property are divided between the spouses. Each spouse is taxed on half the community income for the part of the year before the community ends. However, see Spouses living apart all year , earlier. Income received after the community ended is separate income, taxable only to the spouse to whom it belongs. An absolute decree of divorce or annulment ends the marital community in all community property states.

A decree of legal separation or of separate maintenance may or may not end the marital community. The court issuing the decree may terminate the marital community and divide the property between the spouses.

A separation agreement may divide the community property between you and your spouse. It may provide that this property, along with future earnings and property acquired, will be separate property. This agreement may end the community. In some states, the marital community ends when the spouses permanently separate, even if there is no formal agreement. Check your state law.

They are deductible by the payer as alimony and taxable to the recipient spouse only to the extent they are more than that spouse's part of community income. You live in a community property state.

Your spouse receives no other community income. Under your state law, earnings of a spouse living separately and apart from the other spouse continue as community property. If you have questions about a tax issue, need help preparing your tax return, or want to download free publications, forms, or instructions, go to IRS. Find free options to prepare and file your return on IRS. The Tax Counseling for the Elderly TCE program offers free tax help for all taxpayers, particularly those who are 60 years of age and older.

TCE volunteers specialize in answering questions about pensions and retirement-related issues unique to seniors. You can go to IRS. See if you qualify to use brand-name software to prepare and e-file your federal tax return for free.

Getting answers to your tax questions. You can print the entire interview and the final response for your records. You can also download and view popular tax publications and instructions including the instructions on mobile devices as an eBook at no charge. Or, you can go to IRS. View the amount you owe, pay online or set up an online payment agreement. The fastest way to receive a tax refund is to combine direct deposit and IRS e-file.

Direct deposit securely and electronically transfers your refund directly into your financial account. Eight in 10 taxpayers use direct deposit to receive their refund. This applies to the entire refund, not just the portion associated with these credits. The quickest way to get a copy of your tax transcript is to go to IRS.

If you prefer, you can: This includes any type of electronic communication, such as text messages and social media channels. Download the official IRS2Go app to your mobile device to check your refund status.

The IRS uses the latest encryption technology to ensure your electronic payments are safe and secure. You can make electronic payments online, by phone, and from a mobile device using the IRS2Go app. Paying electronically is quick, easy, and faster than mailing in a check or money order. Pay your individual tax bill or estimated tax payment directly from your checking or savings account at no cost to you.

Debit or credit card: Choose an approved payment processor to pay online, by phone, and by mobile device. Offered only when filing your federal taxes using tax preparation software or through a tax professional.

Electronic Federal Tax Payment System: Best option for businesses. Check or money order: Mail your payment to the address listed on the notice or instructions. You may be able to pay your taxes with cash at a participating retail store.

Apply for an online payment agreement IRS. Once you complete the online process, you will receive immediate notification of whether your agreement has been approved. Please note that it can take up to 3 weeks from the date you mailed your amended return for it to show up in our system and processing it can take up to 16 weeks. Keep in mind, many questions can be answered on IRS. Before you visit, go to IRS. Taxpayers can find information on IRS. The IRS TACs provide over-the-phone interpreter service in over languages, and the service is available free to taxpayers.

Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights under the Taxpayer Bill of Rights. And our service is free.

If you qualify for our assistance, you will be assigned to one advocate who will work with you throughout the process and will do everything possible to resolve your issue.

TAS can help you if:. We have offices in every state, the District of Columbia, and Puerto Rico. You can also call us at Our Tax Toolkit at TaxpayerAdvocate. These are your rights. TAS works to resolve large-scale problems that affect many taxpayers. If you know of one of these broad issues, please report it to us at IRS. LITCs represent individuals whose income is below a certain level and need to resolve tax problems with the IRS, such as audits, appeals, and tax collection disputes.

In addition, clinics can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. Services are offered for free or a small fee. To find a clinic near you, visit TaxpayerAdvocate. For you and your family. Individuals abroad and more. EINs and other information. Get Your Tax Record. Bank Account Direct Pay. Debit or Credit Card. Payment Plan Installment Agreement. Standard mileage and other information.

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Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business. A copy of this disclaimer can also be found on our Disclaimer page. If you know the license number you may use our license number search: This browser does not have JavaScript turned on, or cannot use JavaScript. Please turn on Javascript to access full functionality. Hepatitis B virus HBV vaccination is recommended for all infants, older children and adolescents who were not vaccinated previously, and adults at risk for HBV infection.

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