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California RDP's - what not to do!

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    California RDP's - what not to do!

    From bitter experience: don't try to allocate estimated tax payments between the partners; the IRS can't cope with it. The only way to allocate is to have each partner make a partial payment.
    Evan Appelman, EA

    #2
    hmmm

    Why would you expect the IRS to be able to cope with this? I understand that it would be convenient for the couple if they could make joint ES Payments. But for IRS purposes these individuals either have no relevant relationship or else one is giving the other a dependent exemption and or HH Status. Neither situation confers ability to make joint ES payments. Their CA RDP status couldn't possibly change anything unless perhaps it took away rights a similarly situated hetero couple would have. Please let's not start the debate about whether the Defense of Marriage Act will or should be overturned or repealed but until it is the IRS must comply with its terms.
    Last edited by erchess; 05-03-2011, 05:53 PM.

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      #3
      All of the information out on how to do these returns, including webinars, IRS bulletins, etc, has said that estimated payments CANNOT be split between the two. Withholding can and should be, if the withholding is from community assets like wages. But not estimated payments.

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        #4
        Yeah, now I find out!

        I just found the parenthetical remark on p. 6 of the new Pub. 555. Live and learn! A lady at the practitioner hotline says to have the partner who made the payment write a letter authorizing the allocation. I sure hope that works!
        Evan Appelman, EA

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          #5
          I don't think they will. Since they don't recognize the relationship, they won't recognize the payment. I don't even think separate payments on MFS returns can be allocated to the other spouse.

          But I could be wrong.

          I've gotten two 'we cannot process this return' letters already. I got my Practitioner liasion working on it.

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