Hi and welcome to Just Answer!Question: can one amend a return (2011), send in documentation, that S.S. was truly paid by, let's say, canceled cheeks and a Declaration, so I can get my deduction\refund as the supporting spouse, without not knowing her TIN number.There are several issues...If you simply used the money to support your spouse - you may not deduct such amount.In order to deduct payments to your spouse - these payments must be classified as alimony. Alimony is deductible by the payer and must be included in the spouse's or former spouse's income.Please see fro reference IRS publication 504 - www.irs.gov/pub/irs-pdf/p504.pdfAlimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. It does not include voluntary payments that are not made under a divorce or separation instrument.A payment to or for a spouse under a divorce or separation instrument is alimony if the spouses do not file a joint return with each other and all the following requirements are met.The payment is in cash.The instrument does not designate the payment as not alimony.The spouses are not members of the same household at the time the payments are made. 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.The payment is not treated as child support.
When you are making taxable alimony payments to your spouse who doesn't provide the tax ID - you are required to withhold 30% and remit to the IRS. Your spouse would be required to file her tax return to and calculate her actual tax liability. If her tax liability is less than withholding - she will claim a refund.
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