ga tax 2021

[pmoberst]

Georgia State Taxes, over 65. It did not allocate capital gains between Taxpayer and spouse even tho shown on federal as jt

[DaveF1006]

Just need to ask one clarifying question, are you filing married filing separately or jointly?

[pmoberst]

No, married joint.  In fed input of capital gains, J is marked.

It appears to me to be a program error in bringing over to state.  Altho, the dividends did come over as joint, but that was marked on the 1099 input form.

[pmoberst]

Unless there is another place to show joint.  In past years, each sale of assets had a place to put joint and I could not find that on the input form.

[GeorgeM777]

Following-up on the previous Expert's comments, Georgia requires that your filing status be the same as on your federal return.  You indicated that your filing status on your federal return is Married Filing Joint, therefore, your GA return should reflect the same filing status.  There is one exception to the requirement of a matching filing status and such exception relates to the non-residency of one of the spouses.  In this regard, the GA Tax Booklet states the following:

"Exceptions: One spouse is a resident and the other is a nonresident without any Georgia-source income, your Georgia return may be filed jointly or separately with each spouse claiming the appropriate exemptions and deductions."  (Page 11 of the GA Tax Booklet, see link below)

It may be helpful if you provide some additional information as to what your GA return indicates with regard to the income at issue.  It appears as if you want all of the income to be reflected on your GA return as joint income, consistent with your federal return, but for some reason, certain income has been designated as your spouse's income.  Thus, provide whatever additional information you can, and just a reminder, in any follow-up response, do not include personal identifiable information. 

Attached is a link to the GA Tax Booklet for 2021 which you might find helpful.  

 Georgia Tax Booklet for Tax Year 2021

[pmoberst]

Both GA and Federal are designated joint.

1099 dividernds joint

Capital asset sales worksheet joint (as noted in prior years, each sale had to be marked as joint.  this year there is only one place to mark joint at the top of the worksheet)  Is there possibly another place I should show joint?

Schedule one of GA return "Retirement Income Exclusion" reflects the joint dividend income to both spouses where the joint capital gains is only allocated to primary spouse.  This resulted in other spouse not getting enough exclusion on her tax return.

[DMarkM1]

It would appear that even though the amount is in the taxpayer column, it is all excluded from the GA joint return.  So instead of reading, for example, 2500 in the taxpayer column and 2500 in the spouse column, it reads 5000 excluded in the taxpayer column.  The net is the same on your joint return.

[pmoberst]

not so.  when it goes down to line 17 on sch 1 of ga return, spouse is not given half of the cap gains and her exclusion is less than taxpayer.  If it had been equally divided, taxpayer and spouse would each have a 65,000 exclusion wherby the spouse's is only 58,311.

[DMarkM1 · Accepted solution]

Understand.  Because GA limits the exclusion to $65,000 for taxpayer as well as spouse, putting the entire amount in the Taxpayer column has caused the taxpayer to exceed the limit while leaving the spouse short of the limit. 

In the forms view, select the GA "Inc/Ret Wks" and split the asset sales in half between the taxpayer and spouse columns.