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Question re: 2005 state refund for 2006 fed taxes

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gobonas99

Member
What is the name of your state? NY

Last year, my ex-husband and I were separated, and we filed MFJ on our 2005 taxes as part of our separation agreement. We ended up getting a state refund of $583, and we itemized.

Our divorce was final in May 2006, and we are both filing Single for our 2006 taxes. However, my-ex bought me out of the house, and I currently rent. He itemized this year, I am not. We received a joint 1099 from the state for the 2005 refund.

My ex has already filed his taxes back in January, and did NOT claim ANY of the $583 state refund (he "claims" he filed before he received the 1099).

As I am not itemizing this year, the 2005 state refund will be added to my federal taxable income, significantly (for me) reducing my 2006 federal refund.

Am I required to report the full $583, even though it is a joint 1099? Or can I just report $291.50 (my half), and let him deal with the implications of filing without including his half of the 2005 refund?

I am all set to file, except for this issue. Please advise asap.

Thanks!
-Christina
 
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LdiJ

Senior Member
What is the name of your state? NY

Last year, my ex-husband and I were separated, and we filed MFJ on our 2005 taxes as part of our separation agreement. We ended up getting a state refund of $583, and we itemized.

Our divorce was final in May 2006, and we are both filing Single for our 2006 taxes. However, my-ex bought me out of the house, and I currently rent. He itemized this year, I am not. We received a joint 1099 from the state for the 2005 refund.

My ex has already filed his taxes back in January, and did NOT claim ANY of the $583 state refund (he "claims" filed before he received the 1099).

As I am not itemizing this year, the 2005 state refund will be added to my federal taxable income, significantly (for me) reducing my 2006 federal refund.

As I required to report the full $583, even though it is a joint 1099? Or can I just report $291.50 (my half), and let him deal with the implications of filing without including his half of the 2005 refund?

I am all set to file, except for this issue. Please advise asap.

Thanks!
-Christina
Have you actually run the numbers both with and without that additional income? $583.00 should not have a dramatic impact on anyone's return.

However, whose SS# shows on the 1099?.....because that's the person who the IRS will match it up with. Therefore, if its his number, and you claim the whole thing, or even half of it, the IRS is going to match it up to him, and expect him to be responsible.
 

gobonas99

Member
Have you actually run the numbers both with and without that additional income? $583.00 should not have a dramatic impact on anyone's return.

However, whose SS# shows on the 1099?.....because that's the person who the IRS will match it up with. Therefore, if its his number, and you claim the whole thing, or even half of it, the IRS is going to match it up to him, and expect him to be responsible.
Yes, I have run the numbers all three ways. If I add the full $583, it is a difference of $150, than if I don't put any of it in. Not "dramatic", but $150 is a significant amount of money to me. If I add my half (291.50), it drops my refund by $75...which is actually my half of the tax liability.

BOTH of our social security numbers are on the 1099-G.

ETA - I am sure that if I report the full $583, and ask him to just pay me the $75 for his half, that I will never see it. Also, if my reporting just my half of the income means that he will have to file an adjusted return, I really don't care - too bad for him, he should have waited until the end of January when all the 1099's are due before filing.

Thanks,
Christina
 
Last edited:

LdiJ

Senior Member
Yes, I have run the numbers all three ways. If I add the full $583, it is a difference of $150, than if I don't put any of it in. Not "dramatic", but $150 is a significant amount of money to me. If I add my half (291.50), it drops my refund by $75...which is actually my half of the tax liability.

BOTH of our social security numbers are on the 1099-G.

ETA - I am sure that if I report the full $583, and ask him to just pay me the $75 for his half, that I will never see it. Also, if my reporting just my half of the income means that he will have to file an adjusted return, I really don't care - too bad for him, he should have waited until the end of January when all the 1099's are due before filing.

Thanks,
Christina
Since both of your socials are on the 1099-G, then you should go ahead and report 1/2 of the refund.
 

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