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My fiance is on social security disability. Will we have to

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My fiance is on social...
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: 8 years ago.Category: Tax
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7/2/2009
Tax Professional: Lev, Tax Advisor replied 8 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,724
Experience: Taxes, Immigration, Labor Relations
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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.

 

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Customer reply replied 8 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.
Tax Professional: Lev, Tax Advisor replied 8 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.

 

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Customer reply replied 8 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?
Tax Professional: Lev, Tax Advisor replied 8 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.

 

 

Lev
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