Legal Question in Tax Law in Massachusetts
filed jointly on federal taxs. Are we able to split taxes?
Husband and wife filed a joint federal tax form for 2008. Husband and wife are know not living together but are not divorced. Can the refund be split 50/50 even if the husband paid more into federal taxes?
2 Answers from Attorneys
Re: filed jointly on federal taxs. Are we able to split taxes?
The refund can be split as you both agree it should be split. There is no legal requirement that it be proportioned one way or the other. However, in a divorce, the assets would generally be split equally such as the home equity would be.
Re: filed jointly on federal taxs. Are we able to split taxes?
Generally, a tax refund can be divided according to the mutual agreement of each party to the return, in the absence of a statute or order to the contrary.
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