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posted Jun 5, 2019 11:54:40 PM

**Tax Year 2018 or earlier** I donot show income from ex husband,but I think he takes the help he sends as alimony,but it is really agift- how do I remedy that?

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Level 1
Jun 5, 2019 11:54:42 PM

If the payments were not pursuant to court order, they are not alimony for tax purposes.

You need to refer to your divorce decree.

You will not include these payments on your tax return if they were not directed in the legal documents.

There is also nothing to report on your tax return if these are gifts.

If he is claiming the alimony deduction, the IRS will investigate. They will request a copy of your divorce decree for their determination. 

For more information, follow this link: IRS on Alimony

2 Replies
Level 1
Jun 5, 2019 11:54:42 PM

If the payments were not pursuant to court order, they are not alimony for tax purposes.

You need to refer to your divorce decree.

You will not include these payments on your tax return if they were not directed in the legal documents.

There is also nothing to report on your tax return if these are gifts.

If he is claiming the alimony deduction, the IRS will investigate. They will request a copy of your divorce decree for their determination. 

For more information, follow this link: IRS on Alimony

Level 7
Jun 5, 2019 11:54:43 PM

And then your ex will owe them the difference the claimed alimony made in his taxes.  Plus interest. You might want to discuss this with him before you file.