divorce and taxes

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DIVORCE & TAXES WEBINAR IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in this communication, including any attachment to this communication, is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to any other person any transaction or matter addressed herein. Roger Royse Royse Law Firm, PC 1717 Embarcadero Road Palo Alto, CA 94303 [email protected] www.rroyselaw.com www.rogerroyse.com Skype: roger.royse

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Page 1: Divorce and taxes

DIVORCE & TAXES WEBINAR

IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in this communication, including any attachment to this communication, is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to any other person any transaction or matter addressed herein.

Roger RoyseRoyse Law Firm, PC

1717 Embarcadero RoadPalo Alto, CA 94303

[email protected]

Skype: roger.royse

Page 2: Divorce and taxes

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OVERVIEW

1. Transferring Assets

2. Inherent Tax Liabilities

3. Net Operating Loss

4. Capital Loss

5. Passive Activity Loss

6. S Corp. Suspended Loss

7. Attorney’s Fees

Page 3: Divorce and taxes

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Alimony/Property Division/Child Support

• Alimony taxable to recipient, deductible to payor

• Child support not taxable or deductible

• Property division not taxable if under 1041

• Dependents

Page 4: Divorce and taxes

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Transferring Property

• Transferring Assets

• Transfers incident to Divorce (IRC § 1041)

• Principal Residence Exclusion (IRC § 121)

• Allocation of Inherent Tax Liabilities

Page 5: Divorce and taxes

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Business Interests: Loss Carryforwards• Net Operating Loss

• Capital Loss

• Passive Activity Loss

• S Suspended Loss

• Allocation of S corp and LLC Income

• Redemptions

Page 6: Divorce and taxes

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Attorney’s Fees

• General Divorce Legal Fees

• Alimony-Related Legal Fees

• Tax-Related Legal Fees

• Exceptions

Page 7: Divorce and taxes

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www.rroyselaw.com