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joint returns

IRS ends two-year limit for spouse relief

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If you file a joint income tax return with your spouse, you are considered “jointly and severally” liable for the payment of all taxes owed. The IRS can come after either you or your spouse for the entire amount of tax due, plus any penalties and interest due.

The law has “innocent spouse” rules that may limit an individual’s responsibility for unpaid taxes resulting from filing a joint return. If the “innocent spouse” can establish that he or she did not know, or have reason to know, that there was an understatement of tax when signing the joint return, relief can be requested. Under previous rules, this relief had to be requested within two years after collection proceedings were initiated by the IRS.

In a new 2011 ruling, the IRS has decided to eliminate the two-year time limit for requesting innocent spouse status under the “equitable relief” provision in the law.

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Choose the right filing status

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While gathering information to complete your income tax return, you may give little thought to your filing status. But there’s a reason “filing status” choices appear at the beginning of tax forms: They’re important.

Why? Because filing status can impact exemptions, reportable income, deductions, credits, tax rates, liability, the type of form you file, and whether you need to file at all. In addition, some states require that you use the status reported on your federal return, which can affect the amount of state tax you pay.

Here are facts to consider when determining filing status.

1. Your status generally depends on whether you’re married or single on the last day of your taxable year (typically December 31). In cases of divorce or separate maintenance decrees, the laws of your state determine whether you’re considered married or single. Same-sex marriages are not recognized for federal income tax purposes.

2. As a married couple, you can choose joint or separate returns. When you file separately, you can change your mind later and amend your return to file jointly. However, you can’t switch from joint status to married filing separately after the due date of the original return.

3. If you were widowed during the year and have not remarried, you have the option of filing jointly with your late spouse. When you’re widowed and have dependent children, you can continue to use joint tax rates for two additional years following the year your spouse died.

4. Head of household status is intended for single taxpayers with dependent children. It may also be available when you’re single and maintaining a separate household for a parent – including one living in a nursing home.

Questions about your filing status? Please contact us if you need more information.

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The coming sunset affects more than tax rates

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Unless Congress acts soon, the “2001 Tax Act” will expire at the end of this year, bringing back pre-2001 tax rates and rules. While the current discussions focus on the income tax rates that will rise if the law is allowed to expire, there are dozens of other major changes that will sunset too.

Here’s a quick overview of what 2011 will bring unless Congress intervenes.

* The limitation on itemized deductions based on income will be reinstated in full.

* The phase-out of the deduction for personal exemptions for higher-income taxpayers will be reinstated in full.

* Married couples filing a joint return will not be entitled to twice the standard deduction amount allowed for single taxpayers. Nor will couples get the 15% tax rate on twice the amount of income as single taxpayers get. The marriage penalty, in other words, is back to pre-2001 levels.

* The child tax credit and the dependent care credit will revert to pre-2001 levels.

* The maximum rate for capital gains will revert to 20%, and dividends will be taxed at ordinary income rates as high as 39.6%.

* Among the changes to education tax breaks, the annual contribution to Coverdell education savings accounts will revert to $500.

* The estate tax will return with a maximum rate of 55% and an exclusion amount of $1 million.

Your tax planning, as challenging as it already is, should take these potential changes into account. For guidance in your year-end planning, give us a call.

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