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Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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My fiance is on social security disability. Will we have to

Resolved Question:

My fiance is on social security disability. Will we have to pay taxes on his disability income after we get married even if we have a prenuptial agreement? If I file married filing separate will he be required to file a tax return if he has no other income??   My income is greater than $75K. We live in the state of Louisiana.
Submitted: 7 years ago.
Category: Tax
Expert:  Lev replied 7 years ago.

A prenuptial agreement has no effect on tax liability and filing requirements.


If you will be married - you will have a choice to file either jointly or separate.

If you file jointly - 85% of your fiance's social security disability benefits will be taxable.

But taxes will be calculated based on married tax schedule - that is lower than for singles.

If you provide the amount of benefits - I will estimate your tax liability.


Customer: replied 7 years ago.
If I file a seperate return, will he be required to file a return also if he has no other income? his disability income is $1780.00 per month.
Expert:  Lev replied 7 years ago.

assuming you file single, with adjusted gross income $75,000, standard deduction, no dependents, no other credits or deductions

in 2009 your taxable income would be 65,650 and estimated tax liability 12,600


Your to-be-a-spouse will have $1780 * 12 = $21360 SSD income from which 85% will be taxable - $21360 * 85% = $18156

assuming you will file jointly - that amount will be added to your combine income - total - $93,156

your joint tax liability would be $11,902


So - in your situation it is more beneficially to file jointly.

Let me know if you need any help.


Customer: replied 7 years ago.
So., botXXXXX XXXXXne is if we get married, either way filing jointly or seperately, we have to pay taxes on his SSD. If we file a seperate retunr, he will still have to pay taxes on his return even if he has no other income. If we do not get married but live together how does it affect how we have to file?
Expert:  Lev replied 7 years ago.

If you are not married - each of you will have a separate tax liability - your estimated tax liability is above and he doesn't require to file.

If you file separately - your tax liability will be the same as for single and he will have additional tax liability - sorry - I do not have a calculator handy to estimate it.


The best way seems - to file jointly - assuming you get married.

But my calculations are based on simplified assumptions.

Your real situation may be a little different.



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