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rramsook
rramsook, Enrolled Agent
Category: Tax
Satisfied Customers: 307
Experience:  Specialize in Individual,Corporate, and payroll tax matters.
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I am 58 yr old female, living in CA. Married 35 yrs I have

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I am 58 yr old female, living in CA. Married 35 yrs I have been a homemaker so did not earn wages. I am also disabled. I was divorced on 11/20/2012 & have been receiving spousal support. For 2012, I have received $29, 226. Our house was sold in 2011, but do I get any credit from what my now ex-husband made last year as community property?
Do I personally have to file income taxes?

rramsook :

Hello, Welcome to Just Answer.

rramsook :

Yea you will be required to file an income tax return since the spousal support income is more than the threshold which is $9,750

rramsook :

No you will not get any credits from your what your ex husband made

rramsook :

But you will be required to file a return for 2012

Customer:

I have no forms, like a 1099 or w-2, all I have is court order for spousal report and bank statements showing his deposits. I am being taxed on $29,226.00?

rramsook :

yes, this amount is taxable income to you.

Customer:

It just covers my rent, utilities and COBRA Ins.

rramsook :

with respect to community property you are entitled to half of the income and deductions that are community property.

rramsook :

if the spousal support includes monies received from community property then that portion is not consider alimony.

Customer:

I called IRS yesterday. On phone waiting & talking 1 3/4 hrs. She said most of the eleven months, before our divorce on 11/20/12 would still be in community property and he would have to claim it that way.

rramsook :

yes that is true

rramsook :

But you would still have to report the $29,226 of income received as alimony

Customer:

Are you waiting for something from me?

Customer:

So I just fill out my 1040 tax return. I do not need any verifications to show where the $29,226.

rramsook :

please refer to the IRS website to get a better understanding on how the alimony should be reported.http://www.irs.gov/taxtopics/tc452.html

Customer:

comes from? Do I also have to file a state form?

rramsook :

you will have to file both federal and state

rramsook :

your verification would be the checks that you recieve

rramsook :

there is no formal document for alimony

rramsook :

such as a 1099 etc

rramsook :

you will report this amount on line 11 on page one of 1040 tax return

Customer:

So I do not have to include all the bank statements to verify his electronic payment.

Customer:

On line 11, I put $29.266.00 and go from there. I do not need to worry about his part of filing even though the divorce was not finalized until 11/20/12

rramsook :

thats correct, you do not have to include any statements with the return to support the amount that you have received. yes you do not have to worry about his part of filing.

rramsook :

He would be taking the $29,266 as a tax deduction on his return.

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