Divorce and tax for this year

[landa 1]

Hello,

we recently filed for divorce, I think it will be done before the end of the year, what is going to happen for this years tax? do i file as married or single? what is the procedure. I am going back home...leaving US. thanks for the help. as far as green card ss is concerend do i give it to the consulate at canada so i can come as a toursist to visit my daughter????? thnx

[CarlosAndSveta 808]

Hello,

we recently filed for divorce, I think it will be done before the end of the year, what is going to happen for this years tax? do i file as married or single? what is the procedure. I am going back home...leaving US. thanks for the help. as far as green card ss is concerend do i give it to the consulate at canada so i can come as a toursist to visit my daughter????? thnx

Your filing status is determined by your marital status at 12-31-12. If your divorce is final on or before that date then your filing status for 2012 would be single. If you live in a separate property state then filing your tax return for 2012 should be relatively simple. If you live in a community property state then things might get complicated by the fact that you and your wife will have to do a community property split in order to report your income properly for the time that you were married during 2012.

[landa 1]

Your filing status is determined by your marital status at 12-31-12. If your divorce is final on or before that date then your filing status for 2012 would be single. If you live in a separate property state then filing your tax return for 2012 should be relatively simple. If you live in a community property state then things might get complicated by the fact that you and your wife will have to do a community property split in order to report your income properly for the time that you were married during 2012.

Hi, thanks for your help. I am in a community state, california. We have set everything on the table, without a fight. I am giving her the house, (technically to my daughter, as she will be living in a good neighborhood) we have had lots of issues and dealt with that and are divorcing in peace as friends. I will be able to visit my daughter as often as possible, and have say in every decision. so, to sum it up, it is a very simple divorce. No one is pointing a gun at each other. it will be written in the divroce decree that i am giving her the house. Basically i am not taking anything from her. we are not splitting furniture in half lol

is there exit tax, or do i just file for this year and then leave US for good and give my green card voluntary because it is a 10 year card. As I mentioned previously so i can visit without a hassle to see them. Thanks

[CarlosAndSveta 808]

Hi, thanks for your help. I am in a community state, california. We have set everything on the table, without a fight. I am giving her the house, (technically to my daughter, as she will be living in a good neighborhood) we have had lots of issues and dealt with that and are divorcing in peace as friends. I will be able to visit my daughter as often as possible, and have say in every decision. so, to sum it up, it is a very simple divorce. No one is pointing a gun at each other. it will be written in the divroce decree that i am giving her the house. Basically i am not taking anything from her. we are not splitting furniture in half lol

is there exit tax, or do i just file for this year and then leave US for good and give my green card voluntary because it is a 10 year card. As I mentioned previously so i can visit without a hassle to see them. Thanks

I doubt that you would be subject to the Exit Tax since a non-citizen would have to have been a long term resident of the U.S. for eight of the last fifteen years. See Form 8854 for more information about the Exit Tax.

When I mentioned the community property split in my previous reply I was not talking about dividing your tangible assets. I was talking about the fact that in a community property state most income is considered as community income. For federal income tax purposes you make a special computation to split the community income during the time you and your wife were actually married during 2012. See Publication 555 - Community Property.

[landa 1]

HI, I was not working while i was here for the past 3 years or so. she was the the only with income. I do not want any of her income or pension anhything...is that what you were referring to? This is very confusing, even when it is not hostile i am a bit sad, leaving my kid behind even though there is no restriction and on top of it have to deal with all this bs. lots of headache...thanks for your patience

I doubt that you would be subject to the Exit Tax since ia non-citizen would have to have been a long term resident of the U.S. for eight of the last fifteen years. See Form 8854 for more information about the Exit Tax.

When I mentioned the community property split in my previous reply I was not talking about dividing your tangible assets. I was talking about the fact that in a community property state most income is considered as community income. For federal income tax purposes you make a special computation to split the community income during the time you and your wife were actually married during 2012. See Publication 555 - Community Property.

[Iyawo Ijebu 157]

Sorry that you are going through this especially with a kid. I salute both of you for behaving like responsible adults and not getting into a divorce war (it does take two). I had to get a Lawyer to defend my divorce and $20k pissed down the drain, money that my kids could have used in the future.

When I filed I had to file as single since obviously I did not have my Ex information.

Seeing that you Guys are amicable, you should file joint for the biggest tax benefits.

I wish that there is a way to hold your GC as it's the easiest way to visit the kid but not sure about all the govermental hoopla.

[CarlosAndSveta 808]

HI, I was not working while i was here for the past 3 years or so. she was the the only with income. I do not want any of her income or pension anhything...is that what you were referring to? This is very confusing, even when it is not hostile i am a bit sad, leaving my kid behind even though there is no restriction and on top of it have to deal with all this bs. lots of headache...thanks for your patience

Under the community property rules you will have to pick up one half of your wife's income during the time that you are married in 2012 even though you did not work. I would suggest that you and your wife hire a tax return preparer who is familiar with community property issues when it comes time to file your 2012 tax return. If your divorce is not final in 2012 then filing your return for 2012 will be easy. In that case just file a joint return with your wife.

Edited May 31, 2012 by CarlosAndSveta