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Anne
Anne, Master Tax Preparer
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Im coming to the end, hopefully of divorce proceedings. At

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I'm coming to the end, hopefully of divorce proceedings. At the out-set I was ordered to pay $25,000/yr times two years; it was a short four year marriage without kids and without
Community Interests. My wife's immigration status and my tax S.S. deductibility are my causations. One, I know I can receive a tax deduction as the contributing support party from the IRS. Before our marriage, she worked in a chain super-market and filed her payroll taxes under a ITIN (around 2001-2003). I've been trying to find out the numbers, but she refuses to give me that information. SHE IS ALSO NOT A LEGAL RESIDENT OF THE U.S. I have all the checks on file paid on a biweekly basis for two years. I know I can write the IRS and tell them that she has a liability, which i know she has not declared, but I heard if I push her with the intention that Ill report her to pay taxes, she'll only get more upset and keep dragging this thing on. Plus I've heard that if the supporting spouse reports that the receiving spouse has not reported their S.S. income, that the IRS doesn't follow-up and just files it through a scanner and they're too busy to attend to such personal situations. She would owe about $10,000 over a two year period. One can do the math.
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. I saw it once several years ago, but can't recall when it was placed, and I don't want a Judicial Hearing to Compel her if her attorney advises her not to give it to me. Thanks addressing my concern and I hope to heard from you soon. Bob Bader (CA.) A friend who used to be my accountant, pretty much believes: no TIN equals no Deduction.
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

LEV :

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.pdf‎
Alimony 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.

LEV :

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.

Customer: replied 1 year ago.
Dear Levi: I understand your statute of "alimony". Iam paying "temporary alimony" until the Dissolution matter is over. I don't know if my wife works, and it's not up to me to contact the IRS that she has a tax liability nor with-hold 30% of her wages, if she is still working. Divorce in my case equals NO CONTACT. My original question dealt with how can I obtain my tax deduction from a Court Order without knowing her TIN from the IRS, or if there's a means to obtain that knowledge. If I had her TIN, I would be entitled to an approximate $5000 tax refund after filing my 1040. So the question I raised still begs to be answered. Thanks for you time anyway.
Expert:  Anne replied 1 year ago.
Hi Robert

I'm assuming that you never filed jointly with your wife, because if you did, she would have to have her ITIN to file (unless it was the first year you filed, and you included a W7 and her passport)

The following came from

Publication 1915 (Rev. 1-2012) - Internal Revenue Service


"TINs do not authorize individuals to work in the UnitedStates and are not valid for employment purposes."

I would speak to my attorney if I were you........this information may give you some leverage with her..........it looks like she will be caught between a rock and a hard space.

You can't list her ITIN or her SS# on your tax return, since she is not being compliant so I would ask your attorney to file a motion to receibe the SS/ITIN number,....and if she doesn't comply , then, since you have to list who you paid alimony to AND their SS# on your 1040.........I would ask to be relieved from paying the alimony.

truly hope this information is helpful but please do not rate until you are satisfied. If you want to click on 1 or 2 just click on the continue to work with me button instead. You will then be able to add any other info or respond to what I have posted so far. Rating 3-5 gives me credit and a good rating but you can still converse with me.

 





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Anne
Anne
Master Tax Preparer
1903 Satisfied Customers
Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses