• Joint return for divorced couple

    From Fred@21:1/5 to All on Wed Mar 20 15:25:50 2024
    A couple I know were recently divorced, but since they were still married on 12/31/2023, their settlement agreement requires them to file a joint tax
    return for 2023 and to split any refund or costs 50-50. I just did a run-through on their taxes, and it turns out they will owe around $7000 together, which means each of them will owe $3500 according to their
    commitment in the divorce agreement. It appears that one or perhaps both of them will have trouble coming up with these amounts by April 15th. What options do they have in the following scenarios?

    Scenario 1: One party can pay the $3500 but the other cannot. Will the
    IRS accept a partial payment of the $3500 from the person who can pay and
    then set up a payment plan with the other party for the remaining amount?
    If the second party defaults, can the IRS come after the party was able to
    pay their half? Remember, that person fulfilled their obligation under
    their divorce agreement.

    Scenario 2: If neither party can pay the full amount, can they each
    negotiate a separate payment plan with the IRS or do they have to work
    together on this and have the same terms?

    Three other questions:

    1) What are the general options available when someone can't pay their
    taxes on time? The IRS website references a 180-day payment plan and then
    some kind of longer term plan, but it doesn't state what term or terms are available.

    2) How does IRS determine the interest and penalties that are owed under
    these plans?

    3) If the parties determine that they can't pay the total by April 15th and have to go on a payment plan, is there any value at all in getting a filing extension to October 15th? Since all calculations are based on the April
    15th date anyway, I'm not sure what value there would be in doing an
    extension.

    --
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  • From Stuart O. Bronstein@21:1/5 to Fred on Wed Mar 20 16:36:35 2024
    "Fred" <fred1@NOSPAMgmail.com> wrote in
    news:utfd1n$1lnhu$1@dont-email.me:

    A couple I know were recently divorced, but since they were still
    married on 12/31/2023, their settlement agreement requires them to
    file a joint tax return for 2023 and to split any refund or costs
    50-50. I just did a run-through on their taxes, and it turns out they
    will owe around $7000 together, which means each of them will owe
    $3500 according to their commitment in the divorce agreement. It
    appears that one or perhaps both of them will have trouble coming up
    with these amounts by April 15th. What options do they have in the
    following scenarios?

    Scenario 1: One party can pay the $3500 but the other cannot. Will
    the IRS accept a partial payment of the $3500 from the person who can
    pay and then set up a payment plan with the other party for the
    remaining amount? If the second party defaults, can the IRS come after
    the party was able to pay their half? Remember, that person fulfilled
    their obligation under their divorce agreement.

    Scenario 2: If neither party can pay the full amount, can they each negotiate a separate payment plan with the IRS or do they have to work together on this and have the same terms?

    Three other questions:

    1) What are the general options available when someone can't pay
    their taxes on time? The IRS website references a 180-day payment
    plan and then some kind of longer term plan, but it doesn't state what
    term or terms are available.

    2) How does IRS determine the interest and penalties that are owed
    under these plans?

    3) If the parties determine that they can't pay the total by April
    15th and have to go on a payment plan, is there any value at all in
    getting a filing extension to October 15th? Since all calculations
    are based on the April 15th date anyway, I'm not sure what value there
    would be in doing an extension.

    Others will know the answers to those questions better than I do. But I
    do have one observation. Just because the divorce decree requires them
    to file jointly, if they both agree, they don't have to. If filing
    separately would result in lower tax they should consider that. They can
    still both pay half the total, even if filing separately would result in different amounts being owed by each.


    --
    Stu
    http://DownToEarthLawyer.com

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Fred@21:1/5 to All on Wed Mar 20 18:54:42 2024
    "Stuart O. Bronstein" wrote in message news:XnsB13B8A612D27Cspamtraplexregiacom@130.133.4.11...

    "Fred" <fred1@NOSPAMgmail.com> wrote in
    news:utfd1n$1lnhu$1@dont-email.me:

    A couple I know were recently divorced, but since they were still
    married on 12/31/2023, their settlement agreement requires them to
    file a joint tax return for 2023 and to split any refund or costs
    50-50. I just did a run-through on their taxes, and it turns out they
    will owe around $7000 together, which means each of them will owe
    $3500 according to their commitment in the divorce agreement. It
    appears that one or perhaps both of them will have trouble coming up
    with these amounts by April 15th. What options do they have in the
    following scenarios?

    Scenario 1: One party can pay the $3500 but the other cannot. Will
    the IRS accept a partial payment of the $3500 from the person who can
    pay and then set up a payment plan with the other party for the
    remaining amount? If the second party defaults, can the IRS come after
    the party was able to pay their half? Remember, that person fulfilled
    their obligation under their divorce agreement.

    Scenario 2: If neither party can pay the full amount, can they each
    negotiate a separate payment plan with the IRS or do they have to work
    together on this and have the same terms?

    Three other questions:

    1) What are the general options available when someone can't pay
    their taxes on time? The IRS website references a 180-day payment
    plan and then some kind of longer term plan, but it doesn't state what
    term or terms are available.

    2) How does IRS determine the interest and penalties that are owed
    under these plans?

    3) If the parties determine that they can't pay the total by April
    15th and have to go on a payment plan, is there any value at all in
    getting a filing extension to October 15th? Since all calculations
    are based on the April 15th date anyway, I'm not sure what value there
    would be in doing an extension.

    Others will know the answers to those questions better than I do. But I
    do have one observation. Just because the divorce decree requires them
    to file jointly, if they both agree, they don't have to. If filing >separately would result in lower tax they should consider that. They can >still both pay half the total, even if filing separately would result in >different amounts being owed by each.



    That's an interesting suggestion, but when I ran the numbers with each
    person filing separately, the total tax bill was the same as with joint
    filing. That's probably because their individual incomes and even
    withholding amounts were fairly close to one another.

    --

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Stuart O. Bronstein@21:1/5 to Fred on Wed Mar 20 19:23:01 2024
    "Fred" <fred1@NOSPAMgmail.com> wrote in news:utfj39$1n77i$1@dont-
    email.me:

    "Stuart O. Bronstein" wrote in message news:XnsB13B8A612D27Cspamtraplexregiacom@130.133.4.11...

    "Fred" <fred1@NOSPAMgmail.com> wrote in
    news:utfd1n$1lnhu$1@dont-email.me:

    A couple I know were recently divorced, but since they were still
    married on 12/31/2023, their settlement agreement requires them to
    file a joint tax return for 2023 and to split any refund or costs
    50-50. I just did a run-through on their taxes, and it turns out
    they
    will owe around $7000 together, which means each of them will owe
    $3500 according to their commitment in the divorce agreement. It
    appears that one or perhaps both of them will have trouble coming up
    with these amounts by April 15th. What options do they have in the
    following scenarios?

    Scenario 1: One party can pay the $3500 but the other cannot. Will
    the IRS accept a partial payment of the $3500 from the person who can
    pay and then set up a payment plan with the other party for the
    remaining amount? If the second party defaults, can the IRS come
    after
    the party was able to pay their half? Remember, that person
    fulfilled
    their obligation under their divorce agreement.

    Scenario 2: If neither party can pay the full amount, can they each
    negotiate a separate payment plan with the IRS or do they have to
    work
    together on this and have the same terms?

    Three other questions:

    1) What are the general options available when someone can't pay
    their taxes on time? The IRS website references a 180-day payment
    plan and then some kind of longer term plan, but it doesn't state
    what
    term or terms are available.

    2) How does IRS determine the interest and penalties that are owed
    under these plans?

    3) If the parties determine that they can't pay the total by April
    15th and have to go on a payment plan, is there any value at all in
    getting a filing extension to October 15th? Since all calculations
    are based on the April 15th date anyway, I'm not sure what value
    there
    would be in doing an extension.

    Others will know the answers to those questions better than I do. But
    I
    do have one observation. Just because the divorce decree requires them
    to file jointly, if they both agree, they don't have to. If filing >>separately would result in lower tax they should consider that. They
    can
    still both pay half the total, even if filing separately would result
    in
    different amounts being owed by each.

    That's an interesting suggestion, but when I ran the numbers with each
    person filing separately, the total tax bill was the same as with joint filing. That's probably because their individual incomes and even withholding amounts were fairly close to one another.

    So filing separately may solve the problems, and each can make their own payment arrangement.

    --
    Stu
    http://DownToEarthLawyer.com

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Fred@21:1/5 to All on Wed Mar 20 20:40:47 2024
    "Stuart O. Bronstein" wrote in message news:XnsB13BA69A05BDEspamtraplexregiacom@130.133.4.11...

    "Fred" <fred1@NOSPAMgmail.com> wrote in news:utfj39$1n77i$1@dont-
    email.me:

    "Stuart O. Bronstein" wrote in message
    news:XnsB13B8A612D27Cspamtraplexregiacom@130.133.4.11...

    "Fred" <fred1@NOSPAMgmail.com> wrote in >>>news:utfd1n$1lnhu$1@dont-email.me:

    A couple I know were recently divorced, but since they were still
    married on 12/31/2023, their settlement agreement requires them to
    file a joint tax return for 2023 and to split any refund or costs
    50-50. I just did a run-through on their taxes, and it turns out
    they
    will owe around $7000 together, which means each of them will owe
    $3500 according to their commitment in the divorce agreement. It
    appears that one or perhaps both of them will have trouble coming up
    with these amounts by April 15th. What options do they have in the
    following scenarios?

    Scenario 1: One party can pay the $3500 but the other cannot. Will
    the IRS accept a partial payment of the $3500 from the person who can
    pay and then set up a payment plan with the other party for the
    remaining amount? If the second party defaults, can the IRS come
    after
    the party was able to pay their half? Remember, that person
    fulfilled
    their obligation under their divorce agreement.

    Scenario 2: If neither party can pay the full amount, can they each
    negotiate a separate payment plan with the IRS or do they have to
    work
    together on this and have the same terms?

    Three other questions:

    1) What are the general options available when someone can't pay
    their taxes on time? The IRS website references a 180-day payment
    plan and then some kind of longer term plan, but it doesn't state
    what
    term or terms are available.

    2) How does IRS determine the interest and penalties that are owed
    under these plans?

    3) If the parties determine that they can't pay the total by April
    15th and have to go on a payment plan, is there any value at all in
    getting a filing extension to October 15th? Since all calculations
    are based on the April 15th date anyway, I'm not sure what value
    there
    would be in doing an extension.

    Others will know the answers to those questions better than I do. But
    I
    do have one observation. Just because the divorce decree requires them >>>to file jointly, if they both agree, they don't have to. If filing >>>separately would result in lower tax they should consider that. They
    can
    still both pay half the total, even if filing separately would result
    in
    different amounts being owed by each.

    That's an interesting suggestion, but when I ran the numbers with each
    person filing separately, the total tax bill was the same as with joint
    filing. That's probably because their individual incomes and even
    withholding amounts were fairly close to one another.

    So filing separately may solve the problems, and each can make their own >payment arrangement.


    Unfortunately, it's not quite that simple. Although the total amount works out the same, the individual amounts on the separate returns are still different from the 50% they each agreed to pay. So right off the bat there
    is messiness in each having to work an amount owed with the IRS that's different from the 50% they agreed to pay.

    There is also the complication that they have a child between them so in
    doing the calculation for Married Filing Separately, you have to assign the child to one of the parents. It turns out that because their incomes are
    so close, it doesn't matter which parent claims the child in terms of the
    total number, but it does affect the exact amount each person owes. So I
    can see a lot of bickering over which one gets the child on their return,
    and even if they are still in agreement that they each will pay 50% of the total, working out the agreements with IRS is going to be confusing.

    --

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Bob Sandler@21:1/5 to fred1@NOSPAMgmail.com on Wed Mar 20 22:51:22 2024
    On Wed, 20 Mar 2024 15:25:50 EDT, "Fred"
    <fred1@NOSPAMgmail.com> wrote:

    If the second party defaults, can the IRS come after the party was able to >pay their half? Remember, that person fulfilled their obligation under
    their divorce agreement.

    If they file a joint return, the IRS can go after either or
    both of them for the full amount due on the joint return.
    Filing jointly means joint liability for the tax. The IRS is
    not bound by the divorce agreement.

    3) If the parties determine that they can't pay the total by April 15th and >have to go on a payment plan, is there any value at all in getting a filing >extension to October 15th?

    I don't see any benefit in filing an extension. An extension
    postpones the filing deadline, not the payment deadline. If
    they file the return(s) by April 15, an extension is
    essentially meaningless.

    Bob Sandler

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)