Scooter1768
Employee Tax Expert

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Hello! Savoyboy, 

 

Thank you for your question.  As you already noted, there is neither gain nor loss recognized on transfers of property between spouses in a divorce. However, as I understand your situation, you are planning on redeeming stock and then transferring the half of the value to your ex-spouse and want to know which of you are responsible for the tax on the redemption of these shares. This situation has been addressed in the tax regulations and you may actually be able to elect how these shares are taxed and who bears the burden.

 

I recommend you consult your attorney and someone with knowledge of Regs. Secs. 1.1041-2(c)(1) and (2)), which effectively permits taxpayers to choose how divorce-related stock redemptions will be taxed. 

 

 

 

 

 

 

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