Mediate Michigan

Who gets custody of the exemptions? Should you file jointly one last time?

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After years of tax practice, I’ve concluded that the first “custody” decision in any pending divorce should be: who gets to keep the tax preparer?

In most cases, it’s a bad idea for both parties to use the same tax professional. Yet the tax issues involved in divorce, particularly when there are children involved, are complicated enough to require professional help. And the sad fact is that many divorce lawyers are not well versed in the latest tax laws. This is understandable, considering that Congress made 235 changes to the tax code last year.

The Internal Revenue Service and the U.S. Tax Court are in the business of enforcing the tax law, not family court decisions. So the fact that you have an order from your local family court entitling you to do something–say to claim dependents–does not make it so from a tax perspective. Here are some points to consider.

via Five Tax Tips For The Divorced – Forbes.com.