JustAnswer
>
Tax
Ask A Question
|
Register
|
Login
|
Help
Tax
Ask a Tax Question, Get an Answer ASAP!
Have your own Tax question?
4 Tax Professionals are Online Now
characters left:
Not a Tax Question?
Related Tax Topics:
Age
,
Ira
,
Pay
,
Tax
,
401k
,
Cash
,
Live
,
Plan
,
Pays
,
Time
Question
I am in the final stages of hammering out a divorce settlement. My X has offered to pay me my portion of our home equity by cashing in stock options. He will than keep the house and the mortgage. Who will pay taxes on cashing in the stock options. They are in his company plan. Will I have to pay any taxes on any cash I receive in this settlement? Also X wants to split the tax deductions of our two children. I have physical custody of both of them. Our seperation date was 5/11/09. I plan on taking an distribution out of the retirement account when I rollover from his 401K. I have been told that I can take a distribution without having a penalty, just pay taxes. I have not worked this year at all. Stay at home Mom. So I will have little or no income to report. I believe I can claim both children on my taxes but am not sure how it will work this first year (2009). I thought I should not divide the deductions this year because I will have to pay taxes on my distribution.(Buy House)
Submitted: 85 days and 8 hours ago.
Category: Tax
Value: $30
Status: CLOSED
+
Read More
Optional Information
Country/State/Province of question: State of Texas
Posted by
Merlo
85 days and 8 hours ago.
Answer
Hello andy,
As far as taxes due on cashing in the stock options, that will be your husband's responsibility.
Any property, including cash, that you receive as part of a divorce settlement is not treated as taxable income to you. So the money you receive for your stake in the house will not be taxable.
If your husband were required to take an early distribution from his 401k plan as part of a court order in connection with your divorce, then he would not pay a penalty on the early distribution. However, if the funds from that account are simply being rolled over in to to another qualified plan for you (your own IRA), then you will pay a 10% penalty on any withdrawals you take prior to age 59-1/2.
As far as claiming the children, if you are the parent with whom the children live for most of the year, then you are the one entitled to claim them as dependents. You may release your claim to the exemption for one or both children if you choose to do so, but legally you are the one entitled to claim them if they live with you for most of the year.
For each child that you claim, it will reduce your taxable income by $3,650 for the year. In addition, if you are in a low enough income bracket, you may also qualify for an extra Earned Income Credit, which would be much higher if you claim both children. You must have at least some earned income from a job in order to claim this credit.
If this was helpful please press the Accept button. Positive feedback is also appreciated.
Thank you andy.
85 days and 8 hours ago.
Reply
So you do not know of a rule that when a spouse takes their part of a 401k that a distribution can be made without penalty if done before the rollover to their IRA? Also can you advise that this year, with seperation on 05/11/09, would I be able to claim both children? They have lived with me except for visitation time. They lived with both of us up until 05/11/09.
Accepted Answer
Hello again andy,
As I explained in my first post, if your husband were ordered by the court to take a distribution from his 401k plan to pay you a settlement, then he would not have to pay the 10% early withdrawal penalty on that distribution. He would have to pay regular tax, but not the penalty. But that only applies if he takes the distribution and then pays you the cash.
If you plan to actually roll over this money directly from his 401k plan to your own IRA account, then once you establish your own IRA, those early withdrawal penalties will apply.
You might be better off to ask your attorney to structure the deal so that your husband makes the withdrawal from his 401k and then just pays you the cash instead of having the money rolled over in to your own IRA.
As far as the children, it will work out they have both been with you for most of the year, so you will be the one legally allowed to claim them for the 2009 tax year.
If this was helpful please press the Accept button. Positive feedback is also appreciated.
Thank you andy.
Expert:
Merlo
Pos. Feedback:
99.8 %
Accepts:
Answered:
8/29/2009
Accountant
25+ years tax consulting. Specializing in returns for US citizens living abroad
85 days and 7 hours ago.
Reply
Thank you very much.
Posted by
Merlo
85 days and 7 hours ago.
Answer
Thank you andy.
+
Read More
Related Tax Questions
I have an $867,000.00 tax loss carry forward and I am curren...
if i invented a new product and advertised it on tv and radi...
My mother wants to give my sister and I a cash (check) gift
How do I find out if my former employer paid her unemploymen...
How long does the IRS keep tax records for businesses? in
U corporations opens new corporation in China and receives
I have an offshore account in Guernsey. ( Iam a US resident
My name is Nancy Ramonaitis,30241 St. Martins St..Livonia Mi...