ARM 42.17.310

ARM 42.17.310. DETERMINATION OF TAX LIABILITY - STATUS CHANGE FROM JOINT TO SEPARATE

SupersededLast amended: 2004Length: 274 wordsOfficial source

Cite as Mont. Admin. R. 42.17.310

(1) Taxpayers who file separate returns on separate forms for the current period and who filed a joint return for the preceding tax year must compute their prior year's estimated tax liability as follows: (a) 100% of the tax liability of the joint return for the preceding tax year; or (b) a prorated portion of the preceding year's joint tax liability. This prorated amount is determined by calculating the tax liability of the taxpayers as if they filed separately and totaling their individual taxes. Each spouse's prior year estimated tax liability is found by dividing their separate liability by the total of the two separate liabilities and multiplying this figure by the preceding year's joint tax liability. Example : Husband and wife file a joint return for the calendar year 2003 showing taxable income of $50,000 and a tax of $3,556. Of the taxable income, $30,000 was attributable to the husband and $20,000 to the wife. Husband and wife filed separate returns on separate forms for calendar year 2004. The tax shown on the return for the preceding taxable year, for purposes of determining if interest is owed on an underpayment, is determined as follows: Taxable income of husband for 2003: $30,000 Tax on $30,000 (on basis of separate return): $ 1,712 Taxable income of wife for 2003: $20,000 Tax on $20,000 (on basis of separate return): $ 934 Aggregate tax of husband & wife (on basis of separate returns): $ 2,646 Portion of 2003 tax shown on joint return attributable to husband ($1,712/$2,646 X $3,556): $ 2,301 Portion of 2003 tax shown on joint return attributable to wife ($934/$2,646 X $3,556): $ 1,255
ARM 42.17.310: ARM 42.17.310. DETERMINATION OF TAX LIABILITY - STATUS CHANGE FROM JOINT TO SEPARATE | Justis AI