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One thing that hasn't been mentioned yet - if the payment was specifically designated as "alimony" in the divorce decree, the tax treatment would be different depending on when your divorce was finalized. For divorces finalized AFTER Dec 31, 2018, alimony is NOT taxable income to the recipient (and not deductible by the payer). For divorces before that date, alimony IS taxable income. But from your description, this sounds like a property settlement, not alimony, so it should be non-taxable regardless. Just make sure your sister keeps good documentation in case of an audit.
The divorce was finalized in 2019, but the agreement definitely doesn't call it alimony. It's labeled as "property settlement" in the divorce decree. Is that clear enough for the IRS or does she need additional documentation? And would the extra amount he paid her ($2,500 over the agreed amount) fall under the same category?
If the agreement specifically labels it as "property settlement" in the divorce decree, that's very clear documentation for the IRS. That's exactly what you want - language that explicitly categorizes the payment as division of marital assets rather than support payments. For the extra $2,500, that's a bit trickier. Since it wasn't specified in the original agreement, the IRS might consider it as a separate transaction. If her ex specifically characterized it as interest or compensation for the delay, it could be considered taxable income. If it was presented as an additional property settlement or a gift, it would likely not be taxable to her. I'd recommend documenting any communication about that extra amount (emails, texts) that explains the nature of that additional payment.
Has your sister already received a tax form for this payment? If her ex reported it as income paid to her, she may get a 1099-MISC, which would mean the IRS is expecting her to report it as income. If that happens, she'll need to file her return correctly (as a non-taxable property settlement) and include an explanation with documentation.
This is a really good point. When I went through my divorce, my ex-spouse incorrectly issued me a 1099 for a property settlement payment. I had to file Form 8275 (Disclosure Statement) with my tax return to explain why I wasn't reporting the amount as income. Saved me from an automatic audit flag when the IRS computers saw the 1099 but didn't see matching income on my return.
She hasn't received any tax forms yet, but that's a really good point! I'll tell her to wait before filing her taxes to make sure she doesn't get a 1099 from him. If she does, we'll definitely need to file that Form 8275 with an explanation. The divorce was such a mess that I wouldn't be surprised if he reports it incorrectly just to cause problems.
One thing to consider with married filing separately that many people overlook - you both have to take the standard deduction OR you both have to itemize. You can't have one spouse itemize while the other takes the standard deduction. This can make a huge difference in your refund calculation. Also, with MFS, you'll lose several tax benefits like education credits, child and dependent care credit, earned income credit, and the student loan interest deduction. Make sure whatever tax program you're using is accounting for these limitations!
Is that seriously true that both spouses have to choose the same deduction method?? I had no idea! We were planning to have my husband itemize since he has tons of deductible expenses while I'd take the standard deduction. Will this really not work?
Yes, it's absolutely true and it's one of the biggest "gotchas" with married filing separately. If one spouse itemizes, the other MUST also itemize - even if they have very few deductions. This often means the second spouse ends up with a very small itemized deduction amount that would have been much better served by taking the standard deduction. This requirement often wipes out much of the potential benefit of filing separately, which is why it's so important to run the numbers both ways. The tax code deliberately makes MFS less advantageous in most situations to encourage joint filing.
When I tried TaxAct last year there was a HUGE difference between their initial estimate and final amount too. For me it was because the software hadn't yet factored in the self-employment tax on my side gig income until later in the process. That made a $4,000 difference!
I've had similar experiences with TurboTax too. These programs often show "refund estimates" before they've calculated everything. Sometimes they don't include state taxes or certain penalties until the very end of the process.
Another option worth considering is making the contribution to a Roth IRA instead, if your income allows it. While you won't get the tax deduction now, the money grows tax-free and withdrawals in retirement are tax-free too. We ran into the same issue a few years back when my husband's income increased. We ended up switching to Roth contributions going forward and just left the existing Traditional IRA alone.
I think I'm over the income limit for direct Roth contributions too. Do you know if I'd run into any issues if I go with the backdoor Roth approach mentioned above? I'm wondering if there's a timing issue since I already made the Traditional contribution a few months ago.
The timing shouldn't be an issue for the backdoor Roth approach. You can convert Traditional IRA funds to Roth at any time - there's no deadline for that part of the process. The only timing concern is getting your contribution classified correctly (as non-deductible) on your tax return. Just make sure you file Form 8606 with your taxes to document the non-deductible contribution, then do the conversion whenever you're ready. Some people prefer to wait a bit between contribution and conversion, while others do it immediately. Either way works fine from a tax perspective.
Has anyone dealt with this where both spouses are over the income limit? My husband and I both have 401ks at work and our combined income puts us well over the limit for deductible IRA contributions. We've been doing backdoor Roth contributions but I'm worried we're missing something.
You're on the right track! When both spouses are over the income limit and covered by workplace plans, backdoor Roth is typically the way to go. Just make sure you're keeping separate IRAs (never combine them) and each filing Form 8606 annually.
Just want to add that when I got an IRS notice about underreported income, I discovered that sometimes brokerages report "proceeds" to the IRS but don't include your cost basis, making it look like you had way more taxable gain than you actually did. Check if your 1099-B has anything marked as "basis not reported to the IRS" - if so, the IRS might be counting the full sale amount as taxable income. Super common issue that causes these kinds of letters. Might be worth double-checking before paying anything or hiring help!
How would I know if the basis wasn't reported? Is there something specific to look for on the form? Because I think this might be exactly my issue.
Look at your 1099-B form from your brokerage - there should be a column that indicates whether the cost basis was reported to the IRS. Sometimes there's a checkbox, other times it might say "Covered" versus "Noncovered" transactions, or it might explicitly state "Cost basis not reported to IRS" for certain transactions. Noncovered securities (typically those acquired before certain dates or transferred from other brokerages) don't have their cost basis automatically reported to the IRS, so the IRS only sees the sale proceeds. In those cases, they might assume your entire proceeds are gains unless you properly report the cost basis on Form 8949.
As someone who used to work at a brokerage, this stuff happens ALL the time. Before paying anything, request a "CP2000 response form" and fill it out with your objection. Include copies of your original 1099 forms showing the correct amounts. The IRS is basically doing a matching program - they compare what's reported to them versus what's on your return. If your broker submitted incorrect info, you need to explain the discrepancy. Honestly, for a low thousands amount, you might not need a professional unless you're completely lost with tax forms. The TAS (Taxpayer Advocate Service) suggestion above is good, but they're extremely backlogged right now.
Caden Turner
PSA for all students: If your income is below $73,000, DO NOT directly go to TurboTax, H&R Block, etc. websites. Instead, access them THROUGH the IRS Free File page (https://www.irs.gov/filing/free-file-do-your-federal-taxes-for-free) if you want to use those services for free! Companies deliberately hide their free versions and use confusing language to get you to pay. There was actually a big scandal about this a few years ago. They advertise "free free free" but then charge you for state filing or when you have a 1098-T. I've used IRS Free File for 3 years as a student with W-2s, 1098-T education credits, and even some side gig income, and haven't paid a cent. Literally saved hundreds of dollars.
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McKenzie Shade
ā¢Does the Free File program have a mobile app or is it desktop only? My laptop died last month and I'm only using my phone right now.
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Caden Turner
ā¢Most of the Free File options are designed primarily for desktop, but several have mobile-responsive websites that work on phones. TaxSlayer and TaxAct specifically have decent mobile experiences through their Free File programs. If you're limited to just your phone, Cash App Taxes (mentioned in another comment) might be your best bet - it was literally designed as a mobile-first experience and works great on phones. It's free regardless of whether you access it through Free File or directly, and handles education credits without charging.
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Harmony Love
has anyone here used Credit Karma Tax? i heard they got bought by Cash App but still offer free filing. my roommate used it last year but he doesn't have education stuff like i do
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Rudy Cenizo
ā¢Yes, Credit Karma Tax is now Cash App Taxes. I used it this year with a W-2, 1098-T, and even some 1099-INT from my savings account. Completely free for both federal and state, and it handled my American Opportunity Credit without any issues. The interface is pretty streamlined and worked well on both my laptop and phone.
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