Retirement Payment to spouse

Technical topics regarding tax preparation.
#1
Posts:
14
Joined:
22-Dec-2021 9:27am
Location:
NY
Client and spouse were divorced in July 2021.  As part of the settlement the spouse receives part of the client's state retirement.  The state was notified in July to start paying the spouse their portion, but dispute numerous calls, the state has not began sending the spouse's payments.  Client has been giving the spouse their gross portion each month.  1099 R arrives and shows the full amount as taxable to the client.  

Is there any way to exclude the the spouses amount so the client isn't paying the tax?
 

#2
Posts:
2716
Joined:
28-Apr-2021 7:00am
Location:
FL
Yes. Simply report it as it should have been done. Client is not paying a debt. Client is merely transferring property to the correct owner.
Steve
 

#3
Posts:
1375
Joined:
22-Apr-2014 9:07am
Location:
Chicago, IL
Good discussions on this topic. Make sure you read the settlement agreement and determine if this is a QDRO. If it really is then it makes no sense that the payor would not pay and report it properly. I'd imagine that would take more than just a couple of phone calls...

https://www.taxprotalk.com/forums/viewtopic.php?f=8&t=8315&p=78488&hilit=divorce+pension#p78488

https://www.taxprotalk.com/forums/viewtopic.php?f=8&t=63&p=436&hilit=divorce+pension#p436
 


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