Tax Tips for Newlyweds

If you got married last year, you might have a lot to learn when it comes to filing taxes this April. Before the tax deadline sneaks up on you, sit down with your sweetie to discuss the tax decisions that you’ll need to make together as you file taxes for the first time as a married couple.

When it comes to income tax filing, your marital status on the last day of the year determines your marital status for the entire year, and many individuals have their taxes change dramatically after they get married, so it is important to understand how the following topics will affect your tax preparation this year.

Filing Status

Every newly-married couple must decide whether to file federal income taxes jointly or separately for the year that you got married. This is also true for married same-sex couples. However, domestic partners, even when they are registered, may not file a federal tax return using a married filing jointly or married filing separately status. 

With a joint return, you and your spouse are both responsible for the taxes, interest and penalties due on the return, whereas when filing separately, each spouse is only responsible for his or her own taxes, interest and penalties.

Generally, married couples see better tax results when they file a joint return. In fact, the most recent report from the IRS indicates that less than 5% of married couples opt to file separately. When filing jointly, married couples can claim two personal exemptions instead of one and can use a standard deduction of $12,400 verses the single taxpayer deduction of $6,200. You can also choose to itemize your deductions for benefits like mortgage interest payments.  Additionally, you only have to prepare one tax return, so you don’t have to decide who takes each deduction.

Filing separately is rare, but there are two instances where it may make sense: student loan income-based repayment and tax liability. In these cases, couples may consider calculating their tax liability both ways (filing jointly and filing separately) to determine which filing status results in the lowest taxes due.   

Student Loans

Many newlyweds are surprised to learn that how they file taxes (jointly/separately) will impact their monthly student loan payments.  If you have a federal student loan and are using an Income Based Repayment (IBR) Plan, you may lose your IBR payment status if you file jointly.

IBR plans use your discretionary income to determine your monthly payment amount based on your previously filed federal income tax return. 

If you file separately, the government will only consider only your income, not your spouse’s, in calculating your monthly payments. Typically, if you have loans and your spouse has income and is debt free, filing separately will be a smart decision. Even if you file separately, your loan service provider will most likely ask you to count your spouse in your household size, which is also a benefit and will reduce your payments by an average of $50 a month.

 This repayment estimator created by the Department of Education is a good tool to help you determine what payment option is best for your family.

Tax Liability

If your spouse has a large amount of back taxes or debt, and you want to make sure that your tax refund is not applied to your spouse's tax liability, you may also consider filing separately. If you have legal questions or concerns about your or your spouse’s tax liability, you can always ask a lawyer.

Marriage Penalty Tax

The marriage penalty is not an official term, but instead, it refers to the idea that some married couples owe higher taxes combined than they would have been required to pay if they filed as two separate, single individuals. Generally speaking, families where one person is a high-earner and the other spouse is a low-earner or not in the workforce fare better than couples who make similar incomes. 

Unfortunately, changing your status to married filing separately does not get rid of the marriage penalty because many tax breaks (including the IRA contribution deduction and child tax credits) are not available if you file returns separately. A certified tax professional may be able to help you identify opportunities for limiting your marriage penalty.

Adjust Your Withholding

 Once you’ve decided on your filing status, make sure to adjust your withholding on your W-4.

If you and your spouse both work, one of the first things you should after coming back from your honeymoon is file a new W-4 with your employer and check the amount of federal income tax withheld from your pay. Changes on your withholdings can result in a difference of owing money or getting a refund. If you and your spouse are high earners, your combined incomes may move you into a higher tax bracket and you will want to look at the impact on your taxes. You can use the IRS Withholding Calculator to help you complete a new Form W-4.

It is important to note that state tax filing rules may differ from the federal rules discussed above.  

You can contact me at Amanda@gordonfamilylaw.com for more information.

What new parents need to know about taxes

Preparing for a new baby can be exciting, stressful, and somewhat terrifying.  It’s easy to get overwhelmed with the onslaught of advice that comes with having a newborn. That’s why we prepared a cheat-sheet for you on taxes for new parents, so that you don’t need to surf through all the noise and you can focus on what really matters – spending time with your new little one.  

These tax tips apply exclusively to married parents with one child.

1. Dependent Exemption

An exemption on your tax return is an amount of money that you are entitled to deduct from your Adjusted Gross Income. There are two types of exemptions: personal exemptions and dependents.  For each exemption you can deduct $4,000 on your 2015 tax return.

If you are married and filing a joint return, you are entitled to an exemption for you, your spouse, and your child.  For example, in a family with two parents and one child, the family can deduct $12,000 or 3 x $4,000 from their Adjusted Gross Income.

To claim your child as a dependent you will need to put his/her social security number on your tax return.  Social Security Numbers are typically arranged for right after birth at the hospital.  However, if you never requested a SSN, you can file Form SS-5 With the Social Security Administration to get a replacement. You will need to provide proof of the child’s age (birth certificate) and proof that the child is a U.S. Citizen.

For 2015 income taxes, new parents can claim any child born in 2015.  If your child is born in 2016, you will have to wait until next year to get the dependent exemption.

2.    Child Tax Credit

You may also qualify for the Child Tax Credit which can reduce your tax bill by up to $1,000 for every child under the age of 17.

To claim a child for purposes of the Child Tax Credit, the child must either be your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister or a descendant of any of these individuals, which includes your grandchild, niece or nephew.  

The Child Tax Credit is limited if your AGI is above a certain amount. For married taxpayers filing a joint return, this limitation begins at $110,000. This means that if you and your spouse jointly make more than $110,000 the amount of child tax credit will reduce. In addition, the Child Tax Credit is limited by the amount of the income tax you owe and any alternative minimum tax. If the amount of your Child Tax Credit is greater than the amount of income tax you owe, you may be able to claim the Additional Child Tax Credit. See https://www.irs.gov/publications/p972/ar02.html

3.    Child and Dependent Care Credit

If you paid another individual to care for your child who is under 13 years old last year, you may be able to claim the credit on your taxes.  The credit can be applied to after-school care and day camps during school vacations.

If you qualify for the credit it can be worth between 20 and 35 percent of your allowable expenses.  However, the percentage you are allowed to claim depends on your gross earned income.  If you paid for one caregiver you can expense $3,000 and if you paid for two caregivers or more you can expense $6,000.

There are some limitations: (1) The care must have been necessary so you could work or look for work. If you are married, the care also must have been necessary so your spouse could work or look for work. (2) Your child must have been under 13 years old during the year.

To claim the credit, you will use Form 2441 and should include the SSN of each caregiver including their name, address and taxpayer identification number of your care provider on your tax return.

If dependent care benefits are part of your employer’s compensation package, you will want to look at IRS Form 2441, because special rules may apply.

4.    Start a 529 Plan

Another tax saving tip is that you may consider starting at 529 plan with your state or another educational institution. Created by Congress in 1996, a 529 plan is a savings plan operated by a state or educational institution that has tax advantages to make it easier to save for college and other post-secondary training for your child.  

You still have to pay taxes on any earned income that you put in the savings plan, however, the main tax advantage of a 529 plan is that all earnings of the money in the plan are not subject to federal tax if they are used for the educational expenses of your child. Educational expenses can even include technology. You can start a 529 plan anytime during your child’s minority and unlike a custodial account that eventually transfers ownership to the child, the account owner (not the child) calls the shots on how and when to spend the money in a 529 plan.

You can contact me at Amanda@gordonfamilylaw.com for more information.

Can I deduct my child support payments from my taxes?

No. 

Does alimony or spousal support have to be tax deductible?

No. Parties who wish to avoid deductibility may do so by clearly stating that intention in their agreement or stipulated judgment or order.

The tax consequences of spousal support

If you are like many individuals divorcing in 2016, you are considering the tax implications of divorce.  Alimony or spousal support payments can provide a huge tax benefit, especially if the payor (person paying support) falls into AMT or Alternative Minimum Tax bracket. This is because your alimony payments are taken from the above the line calculation or subtracted from your gross income for the purposes of establishing your income tax bracket. You can take advantage of this tax benefit even if you have not yet received a final divorce decree.

Unfortunately, many clients hire a family law attorney after they have a back of the envelope or kitchen table deal with their ex-spouse. These agreements include spousal support or cash payments from one spouse to another, however, not all of these payments are considered spousal support and tax deductible.

In order for a Spousal Support payment to be tax deductible, there needs to be a signed agreement dated prior to the date of the first support payment is made.

This agreement needs to satisfy all of the IRS Section 71 requirements, which includes:

1) describing payments as an alimony or separate maintenance payment
2) describing payments as part of a separation agreement
3) saying that payments wouldn't be paid in the event of (after) the death of the payee spouse

If you are considering divorce and know that there will be an amount of spousal support between you and your spouse, we recommend you contact a Bay Area Family Law attorney to make sure that the payments can be deductible.  

Contact me at amanda@gordonfamilylaw.com for more information.