HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
Prev Next

42.17.310    DETERMINATION OF TAX LIABILITY - STATUS CHANGE FROM JOINT TO SEPARATE

(1) Taxpayers who file separate returns on separate forms for the current period and who filed a joint return for the preceding tax year must compute their prior year's estimated tax liability as follows:

(a) 100% of the tax liability of the joint return for the preceding tax year; or

(b) a prorated portion of the preceding year's joint tax liability. This prorated amount is determined by calculating the tax liability of the taxpayers as if they filed separately and totaling their individual taxes. Each spouse's prior year estimated tax liability is found by dividing their separate liability by the total of the two separate liabilities and multiplying this figure by the preceding year's joint tax liability.

 

Example: Husband and wife file a joint return for the calendar year one showing taxable income of $50,000 and a tax of $3,556. Of the taxable income, $30,000 was attributable to the husband and $20,000 to the wife. Husband and wife filed separate returns on separate forms for calendar year two. The tax shown on the return for the preceding taxable year, for purposes of determining if interest is owed on an underpayment, is determined as follows:

 

Taxable income of husband for year one: $30,000

Tax on $30,000 (on basis of separate return): $ 1,712

Taxable income of wife for year one: $20,000

Tax on $20,000 (on basis of separate return): $ 934

Aggregate tax of husband and wife (on basis of

separate returns): $ 2,646

 

Portion of year one tax shown on joint return

attributable to husband ($1,712/$2,646 X $3,556): $ 2,301

 

Portion of year one tax shown on joint return

attributable to wife ($934/$2,646 X $3,556): $ 1,255

 

History: 15-30-2620, MCA; IMP, 15-30-2512, MCA; NEW, 1992 MAR p. 2778, Eff. 12/25/92; AMD, 2004 MAR p. 2754, Eff. 11/5/04; AMD, 2010 MAR p. 177, Eff. 1/15/10.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security