Legal Question in Tax Law in New York

If you want to keep an inheritance (savings account) separate from a spouse

I believe you can't mingle your assets meaning you cannot add your earnings to this account. My question is can you still report and pay taxes when filing a joint account from joint income or must you pay from your personal income and how would you treat losses?


Asked on 10/25/13, 7:43 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

If the account uses your social security number, its income, profits and losses must be included in your return - single, married filed jointly or (although usually more expensive taxwise) married filing separate. One suggestion is to create a trust and keep these funds separately registered in the trust's name and using a taxpayer identification number specific to the trust. If properly drawn (and I have literally created hundreds for clients) not only will it keep the assets from becoming marital assets (equitable distribution assets in the event of divorce), it could provide tax benefits (both income and estate), estate planning benefits, asset protection from creditors, and more.There are some minor marital and divorce ramifications if income or the assets are used to pay family bills. Contact me for a free consultation and see if I can assist you.

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Answered on 10/25/13, 10:07 am


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