tax consequences cash tranfers spouse to spouse

Financial Planning - Financial planning in general. (Moderated) 

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Subject Author Date
tax consequences cash tranfers spouse to spouse cporro 08-09-2007
Posted by cporro on August 9, 2007, 8:39 pm
i do most of the investment for my family. at this point its just a
college savings account and a mutual fund account. these accounts are
linked to my bank account. it would be most convenient for my wife to
deposit her contributions into my linked bank account and then for me
to invest the money. i'm wondering if there might be some unexpected
tax (or otherwise) consequence from doing things this way. we have
been filing jointly so i assume her money counts as my money and vice
versa. we live in california, have no pre-nup, and are under the
impression that in the impossible event of divorce we would, by law,
split everything.

thoughts?


Posted by joetaxpayer on August 9, 2007, 8:56 pm


cporro wrote:

> i do most of the investment for my family. at this point its just a
> college savings account and a mutual fund account. these accounts are
> linked to my bank account. it would be most convenient for my wife to
> deposit her contributions into my linked bank account and then for me
> to invest the money. i'm wondering if there might be some unexpected
> tax (or otherwise) consequence from doing things this way. we have
> been filing jointly so i assume her money counts as my money and vice
> versa. we live in california, have no pre-nup, and are under the
> impression that in the impossible event of divorce we would, by law,
> split everything.
>
> thoughts?

As long as she is a citizen, there is no limit to how you transfer
between the two of you. Enough transfers over $10K and you may get a
call from the IRS, wondering about money laundering, but you seem to
imply regular lower transfers.
Mrs. Taxpayer and I have individual checking accounts, as well as a
joint account. Each payday we keep enough for our own accounts, and send
the rest to joint to handle the bills. We both observed our two sets of
parents fumbling over each other working out of the same checkbook.
Weren't going to repeat that mistake. You should be fine.
JOE


Posted by PeterL on August 10, 2007, 5:20 pm
> i do most of the investment for my family. at this point its just a
> college savings account and a mutual fund account. these accounts are
> linked to my bank account. it would be most convenient for my wife to
> deposit her contributions into my linked bank account and then for me
> to invest the money. i'm wondering if there might be some unexpected
> tax (or otherwise) consequence from doing things this way. we have
> been filing jointly so i assume her money counts as my money and vice
> versa. we live in california, have no pre-nup, and are under the
> impression that in the impossible event of divorce we would, by law,
> split everything.
>
> thoughts?


Seems way too complicated. Couldn't she also link her account to the
investment accounts? And why aren't the investment accounts under
both names?

Either way between spouses no problem.


Posted by Dave Dodson on August 10, 2007, 7:52 pm
> i do most of the investment for my family. at this point its just a
> college savings account and a mutual fund account. these accounts are
> linked to my bank account. it would be most convenient for my wife to
> deposit her contributions into my linked bank account and then for me
> to invest the money. i'm wondering if there might be some unexpected
> tax (or otherwise) consequence from doing things this way. we have
> been filing jointly so i assume her money counts as my money and vice
> versa. we live in california, have no pre-nup, and are under the
> impression that in the impossible event of divorce we would, by law,
> split everything.
>
> thoughts?

California is a "community property" state. That means that, with
limited exceptions, anything you acquire during your marriage belongs
equally to both of you. For example, pay for work is community
property. You can bring separate property into a marriage, and an
inheritance left to one spouse may be treated as separate property.
However, you must be diligent to maintain separate property, as any
commingling of community into separate property converts it all to
community property. E.g., you inherit $10,000, which you desire to
preserve as separate property. You deposit the check into your
checking account into which you also deposit your pay check. The
inheritance has been commingled with community property, and therefore
has become community property.

If you and your spouse have separate checking accounts, into which
each of you deposit your pay checks, then, even though both accounts
may be in a single name, they would be community property. Any
investment accounts created or added to from such a checking account
would be community property, no matter how it is titled.

You can learn more by googling "california community property".

Dave


Posted by cporro on August 10, 2007, 8:10 pm
>
> > i do most of the investment for my family. at this point its just a
> > college savings account and a mutual fund account. these accounts are
> > linked to my bank account. it would be most convenient for my wife to
> > deposit her contributions into my linked bank account and then for me
> > to invest the money. i'm wondering if there might be some unexpected
> > tax (or otherwise) consequence from doing things this way. we have
> > been filing jointly so i assume her money counts as my money and vice
> > versa. we live in california, have no pre-nup, and are under the
> > impression that in the impossible event of divorce we would, by law,
> > split everything.
>
> > thoughts?
>
> California is a "community property" state. That means that, with
> limited exceptions, anything you acquire during your marriage belongs
> equally to both of you. For example, pay for work is community
> property. You can bring separate property into a marriage, and an
> inheritance left to one spouse may be treated as separate property.
> However, you must be diligent to maintain separate property, as any
> commingling of community into separate property converts it all to
> community property. E.g., you inherit $10,000, which you desire to
> preserve as separate property. You deposit the check into your
> checking account into which you also deposit your pay check. The
> inheritance has been commingled with community property, and therefore
> has become community property.
>
> If you and your spouse have separate checking accounts, into which
> each of you deposit your pay checks, then, even though both accounts
> may be in a single name, they would be community property. Any
> investment accounts created or added to from such a checking account
> would be community property, no matter how it is titled.
>
> You can learn more by googling "california community property".
>
> Dave

thanks for the responses. as far as the amount goes it should be lower
then 50k anually. i may look into adding her to the accounts. one is
vanguard mutual fund account the other is a 529 college savings.
possible down the road there will be a brokerage.


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