Previous Page: Publication 17 - Your Federal Income Tax - How To Report Alimony Received Next Page: Publication 17 - Your Federal Income Tax - Education- Related Adjustments Use   to find additional instances of index items.

Taxmap/pub17/p17-099.htm#TXMP590886b1 Recapture Rule

Recapture Rule

If your alimony payments decrease or terminate during the first 3 calendar years, you may be subject to the recapture rule. If you are subject to this rule, you have to include in income in the third year part of the alimony payments you previously deducted. Your spouse can deduct in the third year part of the alimony payments he or she previously included in income.

The 3-year period starts with the first calendar year you make a payment qualifying as alimony under a decree of divorce or separate maintenance or a written separation agreement. Do not include any time in which payments were being made under temporary support orders. The second and third years are the next 2 calendar years, whether or not payments are made during those years.

The reasons for a reduction or termination of alimony payments that can require a recapture include:

• A change in your divorce or separation instrument,
• A failure to make timely payments,
• A reduction in your ability to provide support, or
• A reduction in your spouse's support needs.

Taxmap/pub17/p17-099.htm#TXMP072c5d22 When to apply the recapture rule.

You are subject to the recapture rule in the third year if the alimony you pay in the third year decreases by more than $15,000 from the second year or the alimony you pay in the second and third years decreases significantly from the alimony you pay in the first year.

When you figure a decrease in alimony, do not include the following amounts.

1. Payments made under a temporary support order.
2. Payments required over a period of at least 3 calendar years of a fixed part of your income from a business or property, or from compensation for employment or self-employment.
3. Payments that decrease because of the death of either spouse or the remarriage of the spouse receiving the payments.

Taxmap/pub17/p17-099.htm#TXMP487591c1 Figuring the recapture.

Figuring the recapture.

You can use Worksheet A in Publication 504 to figure recaptured alimony.

Taxmap/pub17/p17-099.htm#TXMP0a82ae5b Including the recapture in income.

Including the recapture in income.

If you must include a recapture amount in income, show it on Form 1040, line 11 ("Alimony received"). Cross out "received" and enter "recapture." On the dotted line next to the amount, enter your spouse's last name and social security number.

Taxmap/pub17/p17-099.htm#TXMP29ce96d8 Deducting the recapture.

If you can deduct a recapture amount, show it on Form 1040, line 34a ("Alimony paid"). Cross out "paid" and enter "recapture." In the space provided, enter your spouse's social security number.

Previous Page:  Publication 17 - Your Federal Income Tax - How To Report Alimony Received Next Page:  Publication 17 - Your Federal Income Tax - Education- Related Adjustments Use     to find additional instances of index items.