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Allowable credits against the net taxable estate
Asked Monday, December 18, 2000 by an anonymous userCPA Answer:
Once the net taxable estate is calculated then the Unified credit, prior transfer credit, state death tax credit and foreign tax paid credit may be used if applicable.
What does the term Executor mean in respect to an estate tax return ?
Asked Monday, December 18, 2000 by an anonymous userCPA Answer:
The term executor means the executor, personal representative, or administrator of the decedent’s estate. If none of these is appointed, qualified, and acting in the United States, every person in actual or constructive possession of any property of the decedent is considered an executor and must file a tax return. IRS Form 706 is the form that must be filed. Speak to your local CPA about the filing requirements.
Are payments from my husband considered alimony ?
Asked Friday, December 15, 2000 by an anonymous userCPA Answer:
Generally, the wording in the divorce or separation decree identifies the payments as Alimony or something other than Alimony, such as child support.
Alimony is income to the recipient and an adjustment to income for the payer.
Generally, for payments to be considered alimony, seven characteristics should be present. The payments are in cash or check. The payment must be paid under a divorce decree or separation instrument. The divorce decree or separation agreement cannot designate the payment as a payment which is not deductible by the payer or includable in gross income by the recipient. The recipient and the payer must not be members of the same household. The payments must not be treated as child support. The taxpayer and spouse may not file a joint return with each other. There must not be a liability to make any payment for any period after the death of the spouse.
Alimony is income to the recipient and an adjustment to income for the payer.
Generally, for payments to be considered alimony, seven characteristics should be present. The payments are in cash or check. The payment must be paid under a divorce decree or separation instrument. The divorce decree or separation agreement cannot designate the payment as a payment which is not deductible by the payer or includable in gross income by the recipient. The recipient and the payer must not be members of the same household. The payments must not be treated as child support. The taxpayer and spouse may not file a joint return with each other. There must not be a liability to make any payment for any period after the death of the spouse.
Is there a minimum payment period for Alimony ?
Asked Friday, December 15, 2000 by an anonymous userCPA Answer:
No. There is no minimum payment period.
Recapture of alimony amounts may apply where payments decrease by more than $15,000 within the first three years of the divorce.
Alimony - minimum payment period
Asked Friday, December 15, 2000 by an anonymous userCPA Answer:
There is no minimum payment period.
Recapture of alimony amounts may apply where payments decrease by more than $15,000 within the first three years of the divorce.
Recapture of alimony amounts may apply where payments decrease by more than $15,000 within the first three years of the divorce.
Alimony - Third Year Rule
Asked Friday, December 15, 2000 by an anonymous userCPA Answer:
The deductible alimony payments made in the first year or second year may have to be recaptured as income in the third year where the alimony payments within the first 3 years decrease by more than $15,000.
Payments made in the second after the separation year are recaptured if the payments exceed the payments in the third post separation year by more than $15,000.
Payments made in the first after the separation year are recaptured as income if they exceed the "average" payments made in the second post separation year and the third post separation year by more than $15,000.
The recaptured amount is reported on IRS Form 1040 on the line Alimony received with a notation Alimony recapture with the payee spouses social security number.
Payments made in the second after the separation year are recaptured if the payments exceed the payments in the third post separation year by more than $15,000.
Payments made in the first after the separation year are recaptured as income if they exceed the "average" payments made in the second post separation year and the third post separation year by more than $15,000.
The recaptured amount is reported on IRS Form 1040 on the line Alimony received with a notation Alimony recapture with the payee spouses social security number.
Alimony - third year non-payment after divorce - recapture rule
Asked Friday, December 15, 2000 by an anonymous userCPA Answer:
The deductible alimony payments made in the first year or second year may have to be recaptured as income in the third year where the alimony payments within the first 3 years decrease by more than $15,000.
Payments made in the second after the separation year are recaptured if the payments exceed the payments in the third post separation year by more than $15,000.
Payments made in the first after the seperation year are recaptured as income if they exceed the "average" payments made in the second post separation year and the third post seperation year by more than $15,000.
The recaptured amount is reported on IRS Form 1040 on the line Alimony received with a notation Alimony recapture with the payee spouses social security number.
Payments made in the second after the separation year are recaptured if the payments exceed the payments in the third post separation year by more than $15,000.
Payments made in the first after the seperation year are recaptured as income if they exceed the "average" payments made in the second post separation year and the third post seperation year by more than $15,000.
The recaptured amount is reported on IRS Form 1040 on the line Alimony received with a notation Alimony recapture with the payee spouses social security number.
What is a Alimony Trust?
Asked Friday, December 15, 2000 by an anonymous userCPA Answer:
An Alimony trust is a formal trust arrangement where the beneficiary of the trust is the ex-spouse entitled to alimony payments. The settler or person who contributes property to the trust is the ex-spouse obligated to make the alimony payments.
The taxpayer may establish a post death "testamentary" trust or a living "inter vivos" trust to provide for the alimony payments required by a divorce decree or an agreement between the parties.
The taxpayer may establish a post death "testamentary" trust or a living "inter vivos" trust to provide for the alimony payments required by a divorce decree or an agreement between the parties.
What is a Alimony Trust ?
Asked Friday, December 15, 2000 by an anonymous userCPA Answer:
An Alimony trust is a formal trust arangement where the beneficiary of the trust is the ex-spouse entitled to alimony payments. The settler or person who contributes property to the trust is the ex-spouse obligated to make the alimony payments. The taxpayer may establish a post death "testamentary" trust or a living "inter vivos" trust to provide for the alimony payments required by a divorce decree or an agreement between the parties.
Alimony and Child Support - Partial payment
Asked Friday, December 15, 2000 by an anonymous userCPA Answer:
When both alimony and child support are made together in a monthly payment, it is presumed that child support is paid first.
If your husband did not pay the full amount in a month or many months, then you need to pick up as income the difference over the child support amount for that month as alimony and income on your tax return.
It is reported on IRS Form 1040, page 1.
If your husband did not pay the full amount in a month or many months, then you need to pick up as income the difference over the child support amount for that month as alimony and income on your tax return.
It is reported on IRS Form 1040, page 1.