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Q: Taxable income ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Taxable income
Category: Business and Money
Asked by: newtogoogle-ga
List Price: $7.50
Posted: 28 Aug 2002 19:01 PDT
Expires: 27 Sep 2002 19:01 PDT
Question ID: 59704
At the time my wife and I married, I had some investment money in an
account in my name. In the five years that have transpired, we have
not added her name to the account. Now,  I would like to transfer some
of this money into an account that bears only her name.  We have filed
joint returns every year since we have been married.As my spouse, and
assuming we continue to file joint income tax returns,would she be
have to pay income taxes or any other type of taxes on that money
since it would be going from individual to individual?
Please comment if you believe it would look suspicious to the tax
collectors if we were to do this.
Answer  
Subject: Re: Taxable income
Answered By: sublime1-ga on 28 Aug 2002 21:33 PDT
Rated:5 out of 5 stars
 
newtogoogle...

Welcome to Google, and Google Answers!

I considered that you might be comfortable
with taxmama's advice to "trust me", since
what she says makes perfect sense.

On the other hand, it occurred to me that
you might sleep just a little easier if 
you had some sort of documentation to back
you up.

Here's what you're looking for:

TITLE 26, Subtitle A, CHAPTER 1, Subchapter O,
PART III, Sec. 1041 of the US Tax Code, here:
http://www.fourmilab.ch/ustax/www/t26-A-1-O-III-1041.html
states:

"Sec. 1041. Transfers of property between spouses
 or incident to divorce"

"(a) General rule 
     No gain or loss shall be recognized on a 
     transfer of property from an individual to 
     (or in trust for the benefit of) - 
     
     (1) a spouse, or 
     (2) a former spouse, but only if the 
         transfer is incident to the divorce."

Title 26 is the Internal Revenue Code, and the
Table of Contents, as well as a search function,
are available here:
http://www.fourmilab.ch/ustax/www/contents.html

I used the search term "monetary gift to spouse"
which returned a page with 40 links, including
"Sec. 1041. Transfers of property between spouses
or incident to divorce" which turned out to be
the section you needed.

The searchable U.S. Tax Code was created by
John Walker, and is included on the site for
Fourmilab Switzerland, which he also maintains.
http://www.fourmilab.ch/


Searches done, via Google:

"tax code"
://www.google.com/search?num=50&hl=en&lr=&ie=UTF-8&oe=UTF-8&q=%22tax+code%22

and via the Searchable Tax Code:

"monetary gift to spouse"


I hope this comprises an enjoyable
introduction to Google Answers, and
that I've satisfied the intent of 
your query. Should you desire
further clarification of the answer,
please post a request for clarification
of the answer, before you rate it.

sublime1-ga
newtogoogle-ga rated this answer:5 out of 5 stars
Quick, fast, thorough. Thank you very much!!!

Comments  
Subject: Re: Taxable income
From: taxmama-ga on 28 Aug 2002 19:46 PDT
 
Go ahead and do it. It won't make any difference for income tax purposes.

The only thing it would affect is, if you were, heaven forbid, to get
divorced someday, you'd have to share that money with her. 

The tax collectors won't be looking. 

You are married, filing joint returns. 
The income from that account has been on that joint
return for years. 

Trust me...

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