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Notice 96-19 - Study Of Certain Joint Return And Community Property Issues For Divorced And
Get Notice 96-19 - Study Of Certain Joint Return And Community Property Issues For Divorced And
Payer. The Service requests comments on the following issues: 1. In view of the policy generally favoring the finality of tax determinations, should a rule concerning the finality of global interest netting computations be adopted, and, if so, what should that rule be? What effect, if any, should the statute of limitations have on global interest netting, particularly considering the language in 6402(a) regarding the applicable period of limitations? Should the statute of limitations be kept.
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Jurisdictions FAQ
For tax purposes, the states can be divided into two categories, community property states and common law states. There are several community property states, including California. In a community property state, absent a pre-nuptial or post-nuptial agreement, all property and income are shared equally between spouses.
Prenuptial Agreement and Postnuptial Agreement A postnuptial agreement is another legal tool that couples can use to opt out of California's community property laws. A postnuptial agreement is like a prenuptial agreement, as it protects your assets in case of a divorce, but it occurs during the marriage.
Community property is: Anything you earned while married. Anything you bought with money you earned while married. Debt you take on while married.
Community income isn't always just money. It can include real estate, as well as salaries, wages and other payments you receive for services. Community income corresponds with community property, which are assets or other property held in common by married couples in community property states.
In review, separate property becomes community property through two common scenarios: commingling and transmutation. If you are concerned about keeping property legally separate, be sure to avoid unintentional commingling, and certainly avoid transmutation.
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