1099R Annuity partially paid to x-spouse

[schirallicpa]

Box 1 - Gross distribution 85397.64

Box 2 - unknown

Box 4 - Fed tax withheld 9247.40

Box 5 - Employee Contrib 7032.37

Box 7 - 7 normal distribution

Box 9b - Total employee contributions 185407.

 

I've not come across this before where the annuity 1099R form states at the bottom "gross annuity reduced by 28938.66 paid to (x-spouses name) under court-ordered apportionment.  Taxable amount not determined."

 

Whats my taxable amount?  Doesn't she get her own 1099R?  Don't I take her portion out as part of my calc?  Previous tax preparer did not, that's why I'm looking at it closer.

 

[DANRVAN]

1 hour ago, schirallicpa said:

under court-ordered apportionment. "

Alimony? 

[Possi]

The spouse should have received a 1099R for her portion of the annuity.

You probably need to find out from the client whether or not the $85397.64 includes the spouse's portion. 

If it DOES include hers, then her portion is alimony. 

 

 

[DANRVAN]

Could also be a Qualified Domestic Relations Orders in which case the amount paid to ex are taxable to her.  You need find out exactly what the court order was and how much actually was paid to ex.

[Catherine]

2 hours ago, DANRVAN said:

Could also be a Qualified Domestic Relations Order

And a lot of times, those QDRO assets get split and re-titled - in which case, the ex will get her own 1099-R and your client's has none of the ex's distribution.  Or, shouldn't have.

[schirallicpa]

yes - so in this case the spouse did get her own 1099.  I guess I had just never seen that spelled out before on a 1099 so it threw me.