topic Property Settlements Transfer Between Spouses Generally,... in Retirement tax questions

I received money as part of a divorce settlement is this taxable. how declare it

spmech5 — Fri, 31 May 2019 23:44:19 GMT

Most likely, you'll receive a tax reporting document, suc...

Carl — Fri, 31 May 2019 23:44:21 GMT

Most likely, you'll receive a tax reporting document, such as a 1099-MISC (or some other) around the first week of Feb. Only then will you know if it's taxable and how to report it. Otherwise, you'll have to seek the advice of your attorney that dealt with the settlement. This public user-to-user forum is not the proper place to ask questions like this, as no two divorces are the same, and things are "usually" spelled out in the final decree. If they're not, then you have to seek the advice of a legal professional that you can hold legally liable and culpable for the advice they give.

there will be no 1099 msl. this was a personal agreement...

spmech5 — Fri, 31 May 2019 23:44:22 GMT

there will be no 1099 msl. this was a personal agreement although it was in the divorce agreement. she took out a personal loan to pay me from the bank. if there is a 1099msl it will go to her not me.

Then as far as who pays the taxes on it, is a question th...

Carl — Fri, 31 May 2019 23:44:25 GMT

Then as far as who pays the taxes on it, is a question that can't be answered in this public user-to-user forum. Somebody has to though. If it can't be worked out amicably between the parties involved, then you'll need to seek professional legal advice from a licensed professional that you can hold legally liable and culpable for the advice they provide you. As stated above, this is not the place to ask questions, when the answer (should you act upon that answer) could potentially put you in hot water with the IRS down the road.

Property Settlements Transfer Between Spouses Generally,...

view2 — Fri, 31 May 2019 23:44:27 GMT

Property Settlements

Transfer Between Spouses

Generally, no gain or loss is recognized on a transfer of property from you to (or in trust for the benefit of):

Your spouse, or

Your former spouse, but only if the transfer is incident to your divorce.

This rule applies even if the transfer was in exchange for cash, the release of marital rights, the assumption of liabilities, or other consideration.

Property Settlements

link

http://www.irs.gov/publications/p504/ar02.html#en_US_2013_publink1000176028

A property transfer is incident to your divorce if the transfer: Occurs within one year after the date your marriage ends, or Is related to the ending of your marriage. If it is a division of the marital estate it is NOT taxable -- it was already yours in the first place.