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Is there some reason you're not filing a joint return? Makes life a whole lot simpler if you do. Additionally, when a married couple files separate, you both automatically lose out on credits and deductions you would otherwise qualify for by filing joint.
When filing separate, it also matters big time, if you live in a community property state.
How have you been filing and reporting the rental income in the past? That could matter too.
Yes, there is a reason, but if it becomes too complicated we can file jointly. If we do file separate can I pay all the taxes? How would she handle it on her return? Thanks for your help.
How you handle it on separate returns, depends on two factors.
1) Do you live in a community property state that taxes personal income?
2) How have you filed and reported the rental income/expenses on 2921 and earlier tax returns? Joint? Separate?
As far as I am aware of the community property states are Arizona, California, Idaho, Louisiana, Nevada,New Mexico,Texas, Washington and Wisconsin
We have files separate for several years and I claimed the rental income on my return. We live in Ohio which I believe is not a community property state.
First, be aware that I am not a tax professional by any stretch of the imagination. Just because I've been dealing with rental property for 30 plus years does not hold any weight on the legal front.
Being that Ohio is not a community property state, I see no problem with you reporting all the rental stuff on your tax return. If your prior year return was joint, you can expect to have issues with importing from that prior year's tax file, since you'll have to "work it through" to delete all the spouse's data. When done, check that all the imported rental information has not been changed; things like cost basis, prior year's deprecation and current year's depreciation.
Do take note that if you are filing separate thinking it will reduce your combined tax liability , you may find that it does exactly the opposite. When a married couple files separate, you both automatically lose a number of credits and deductions you'd otherwise qualify for if you filed joint.
- No education credits
- for selling the rental property, if you both qualify for the "2 of last 5" capital gains exemption, the amount allowed is cut in half.
- No child care credits if you have dependents.
... and quite a list of other things that I just can't recall right now off the top of my head.
@nedhaynes - i have yet to identify a FINANCIAL reason to file Separately. Congress passes tax laws that protect the sactimoney of marriage - what that means is they don't incent married couples to file other than Joint. That is why 96% of married couples file Joint.
If the reason is to file Sepraate is to lower taxes, it is normally 'fools gold',. Rather, the benefit is to separate tax liability (but there is a way around that as well). If you owe back taxes or child support, it's normally better to file Joint and then file the Injured Spouse form so the your spouse's refund is protected from garnishment.
As an example (and often overlooked issue of filing Separate), if you (and / or your spouse) are on Social Security, and are living together, then 85% of the social security income is AUTOMATICALLY taxable. The normal formula to determine how much is taxable doesn't apply.
Also, you must both either take the standard deduction or both itemize. One can't itemize while the other takes the standard deduction. The further apart the incomes are, the more problematic that becomes as the benefit of itemizing is lost.
see this link:
and this IRS statement:
Separate returns may give you a higher tax.
"Some married couples file separate returns because each wants to be responsible only for his or her own tax. There is no joint liability. But in almost all instances, if you file separate returns, you will pay more combined federal tax than you would with a joint return."
Now if you can't agree to both sign the tax return (which to me is an emotional issue and not a financial issue), then filing Separate is the only remaining choice.
On the investment property, who owned it? You or both of you?
We both owned it. We received a joint 1099-S when we sold the property.
I don't see how you can have a "joint" 1099-S, since the form only allows for a single SSN/TIN of the seller. It would have to be either you or your spouse. If filing separate, then the one whose SSN/TIN is on the form is the one who would be expected to report it.
Overall, I have no clue the impact or legalities of this, as my state does not have an income tax. So I've no idea how this impacts said legality of your state taxes. It's a good bet that the sale of the property has been reported to the state (as it definitely has be reported to the IRS) and I don't know if the fact it was jointly owned will raise flags with your state taxing authorities.
You may want to seek legal advise from a local CPA or tax professional.
Ok, well thanks for all of your help.I have a better understanding of the situation now.
there is little written specifically about who pays capital gains taxes on the sale of joint ownership property (non-community property state). this is what IRS PUB 550 says Joint accounts. If two or more persons hold property (such as a savings account, bond, or stock) as joint tenants, tenants by the entirety, or tenants in common, each person's share of any interest or dividends from the property is determined by local law.
Since the original question, and some responses, involve filing status (MFJ v MFS) and @nedhaynes and spouse reside in Ohio, I am going to page @Hal_Al for input.
Ohio requires you to use the same filing status (MFJ or MFS) that you use on the federal return.
For Ohio state tax, the capital gain on the sale of rental property is usually eligible for the Business Income Deduction (BID).
This is all great information; thanks so much.
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