Tag Archives: 2012 Taxes

Divorce & Taxes: Things You Need to Know

As we continue the push towards April 15, 2012 the WolfBridge Financial team plans to focus most of our blogging efforts around offering up information that hopefully will help tax day come and go much easier than it may have otherwise.

We recently stumbled on a very helpful article and video that can certainly be useful to those of you who may have gotten divorced in the last calendar year. So check out everything we have below and feel free to download our 3 minute podcast of Tax Tips for Divorced Couples.

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Divorce and Taxes: Five Things You Need to Know

Courtesy: Time.com

1. On Marriage Status, Go by the Calendar
Even if your divorce was finalized between Jan. 1 and April 18 this year, you are still officially hitched to your ex-spouse when it comes to filing your 2010 taxes. The flip side: if your divorce became official in December, you can’t file as married even if you were for most of the year and it would save you money. There is, however, a third status you can claim besides single or married. It’s called “head of household,” and it could save you money. The status was originally meant for single people, but some people in the middle of a divorce might qualify as well. To do so, you have to have lived apart from your spouse for the last six months of the tax year; paid over half the cost of keeping up your main residence; and be able to claim, under the rules for children of divorced or separated parents, your child as your dependent. Also, you have to file a separate tax return from your spouse, even if you are still legally married. But if you are still willing to fill out your estranged mate’s IRS forms, go ahead and check the married box. (See the top 10 celebrity relationship flameouts.)

2. Splitting the House May Be Harder Than Splitting Up
You don’t have to pay income taxes on assets that are transferred during a divorce. But if you end up getting the house, you won’t be getting it tax-free. The reason has to do with capital gains taxes, which still apply even to the recently divorced, and they come into play if you decide to get rid of your house after the divorce. Normally, a married couple doesn’t have to pay taxes on a gain of up to $500,000 on their primary residence. But now that you are single, you can only exempt half of that. So if your house sells for more than $250,000 more than what you and your former spouse paid for it, you will owe taxes. But you do get one advantage if you are recently divorced: if you moved out of the house before the divorce was final, and then ended up getting the house in the proceedings anyway, you can still claim the house as your primary residence.

3. Just Because the Kids Spend Time with You — Even Equal Time — Doesn’t Make Them Dependents
Years ago, the majority of custody arrangements were quite simple: the mother got custody of the children and, as a result, the right to call them dependents. In recent years, however, custody agreements have become quite creative and custody may be shared over weekends, vacations or during the workweek. These arrangements are complicated by the fact that neither the most recent version of the tax code nor IRS regulations define exactly what is the definition of custody or a custodial parent.

Generally, you can claim the kids as dependents only if you were designated the custodian by court order. When there is no such agreement or order, or when joint custody applies, the custodial parent is considered to be the parent who has physical custody of the child for most of the year. What happens when you share custody 50-50? Of course, you can’t both claim the same kid as a dependent. That’s against the law. Some couples switch who claims the kids from year to year in order to share the tax benefit, and if you only have one child that’s the only option. But if you have more than one kid, the best bet to avoid confusion may be to split the dependency of the kids up between the two parents, which is allowed even if both kids spend the same amount of time with each parent. (See an album of British weddings.)

4. Alimony Looks Good on Your Tax Return
In most cases, alimony, if you are the one paying it, will lower your tax bill. Even better, alimony is an above-the-line deduction, which means you don’t have to itemize to get the tax advantage. Still, there are no tax breaks for lingerers. If you and your ex-spouse continued to share a residence after the divorce, any alimony payments made during that time cannot be deducted. What’s more, the payments have to be pursuant to a written separation or divorce agreement, and cannot be considered child support. So couples who are facing extended divorce proceedings due to finances, custody battles or state laws that require extended periods of separation may still have trouble qualifying for the deduction.

5. Child Support Is Always Tax-Neutral
While alimony is considered a taxable event, child support is always tax-neutral, meaning it doesn’t affect your taxes in any way. This can provide an incentive to the ex-spouse who is making the payments to attempt to classify part of child-support payments as alimony, especially as state laws increasingly complicate the requirements for support. In recent years, for instance, parents have been required to make payments for college education. No matter how big the check — or how long a parent has to write it — the tax-neutral rules still apply.

North Carolina Business Tax Incentives You May Not Know About

North Carolina has “iNCcentives” that can give small businesses a competitive advantage. The only problem is that in order to learn about these tax incentives you either need to do the research on your own or make sure you are working with a stellar CPA in 2012. Our great state is actually consistently ranked among the best business climates in the nation by Forbes, CNBC, Chief Executive and Site Selection.

The North Carolina Department of Commerce divides these tax credits and incentives into a few categories to make them easier to understand. We’ll break some of them down and offer up links with additional information to help you make sure you are taking advantage of each and every one you can.

Tax Credits

Article 3J Tax Credits – Qualifying businesses may receive a tax credit for job creation, investment in business property and investment in real property.

Interactive Digital Media Tax Credit – Develop interactive digital media at your video game or digital media company in 2012? A tax credit may be in your future ;)

N.C. Ports Tax Credits – Did you pay income taxes because your small business used North Carolina Ports facilities at Morehead City and Wilmington?

Renewable Energy Tax Credits – A 35% tax credit may be yours thanks to the cost of renewable energy property.

Technology Development (Article 3F) Tax Credits – Qualified North Carolina research expenses during a taxable year may offer you some relief.

Discretionary Programs

Job Development Investment Grant –  Awards a limited number of cash grants directly to new and expanding businesses that will provide economic benefits to the State, and need the grant to carry out the project in North Carolina.

One North Carolina Fund – Awards grants for job creation and/or retention in conjunction with local government matches.

SBIR/STTR Small Business Technology Funding – Awards matching funds to firms who have been awarded a SBIR/STTR Phase I award from the federal government.

Site and Infrastructure Grant Fund – Provides assistance for site development and infrastructure improvements for very high-impact projects.

Cost-Saving Programs

Industrial Revenue Bonds – Provides tax-exempt financing for eligible new or expanded manufacturing facilities, certain solid waste disposal facilities and sewage disposal facilities.

Community Development Block Grants and Industrial Development Fund – Provides grants and loans for infrastructure development to eligible local governments.

Recycling Business Assistance Center – Provides grants, tax credits and loans to businesses involved with recycling in North Carolina.

Film Incentives – Provides tax credits and sales and use tax discounts to encourage film and television production in North Carolina.

Sales and Use Tax Discounts/Exemptions and Refunds

Long list here so check out this LINK to see if anything applies to your business.

Need more information? Feel free to Contact us if you have more detailed questions or download the NC Department of Revenue’s Incentives Chapter PDF.