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Divorce and Taxes
Sometimes when a person gets divorced, they don’t realize that their tax situation changes. In the stress of the divorce, they neglect to file a separate return, or don’t understand that they must. Once one year is missed, the taxpayer may become fearful and fail to file subsequent years.
 
If tax returns are not filed for three consecutive years, a 100 percent penalty is added. Fear of these penalties adds to an already serious problem.
 
The following information is designed to help prevent the problem, rather than deal with it years down the road when the department discovers the non-filing. We hope this information will be a valuable tool in helping Oregonians fulfill their obligations and avoid unpleasant consequences.
 
1. Who needs to file a tax return?
Almost anyone having an income must file a tax return.
2. What kind of return do I need to file?
You must file both a federal and state income tax return.
3. Why do I need to file a return?
Taxes are automatically deducted from your wages by your employer. To get a refund of any overpayment that may have been made, or to figure out any tax you might need to pay, you need to file a return.
4. My spouse always filed, why do I need to do this now?
When you were married, your incomes were combined, and you probably filed a joint return. When you divorce, your incomes become separate, and you must each file a separate return. Your employer still deducts taxes from your wages. In order to settle accounts you must file your own return, separate from your former spouse.
5. Does my getting a divorce change my tax situation?
YES! If you are now a single parent and/or head of the household, you could have less tax liability. Also, your income may be less, which means your tax liability could be less. To get a refund of any overpayment that has been deducted from your wages, you must file your own return.
6. When do I need to file?
Your tax return must be filed by April 15 of each year, unless you have requested and been granted an extension.
7. I've never done my own taxes, how can I get help?
Call the IRS at 1-800-829-1040 for information on your Federal tax obligations.
 
Call the Oregon Department of Revenue at 1-800-356-4222 for information on your state tax obligations.
 
There are also many private professional companies that can prepare tax returns. Check your local phone book for a listing of professional tax preparers.

 
Page updated: June 21, 2007

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