[Code of Federal Regulations]
[Title 26, Volume 13]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR]

[Page 114-116]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
Procedure and Administration--Table of Contents
 
Sec.  1.6015(b)-1  Joint declaration by husband and wife.

    (a) In general. A husband and wife may make a joint declaration of 
estimated tax even though they are not living together. However, a joint 
declaration may not be made if they are separated under a decree of 
divorce or of separate maintenance. A joint declaration may not be made 
if the taxpayer's spouse is a nonresident alien (including a nonresident 
alien who is a bona fide resident of Puerto Rico during the entire 
taxable year) or if his spouse has a different taxable year. If the 
gross income of each spouse meets the requirements of section 6015(a), 
either a joint declaration must be made or a separate declaration must 
be made by each. If a joint declaration is made, the amount estimated as 
the income tax imposed by chapter 1 (other than by section 56) must be 
computed on the aggregate estimated taxable income of the spouses (see 
section 6013(d)(3) and Sec.  1.2-1), while (for taxable years beginning 
after December 31, 1966) the amount estimated as the self-employment tax 
imposed by chapter 2 must be computed on the separate estimated self-
employment income of each spouse. See sections 1401 and 1402 and Sec.  
1.6017-1(b)(1). The liability with respect to the estimated tax, in the 
case of a joint declaration, shall be joint and several.
    (b) Application to separate returns. The fact that a joint 
declaration of estimated tax is made by them will not preclude a husband 
and his wife from filing separate returns. In case a joint

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declaration is made but a joint return is not made for the same taxable 
year, the payments made on account of the estimated tax for such year 
may be treated as payments on account of the tax liability of either the 
husband or wife for the taxable year or may be divided between them in 
such manner as they may agree. In the event the husband and wife fail to 
agree to a division, such payments shall be allocated between them in 
accordance with the following rule. The portion of such payments to be 
allocated to a spouse shall be that portion of the aggregate of all such 
payments as the amount of tax imposed by chapter 1 (other than by 
section 56) shown on the separate return of the taxpayer (plus, for 
taxable years beginning after December 31, 1966, the amount of tax 
imposed by chapter 2 shown on the return of the taxpayer) bears to the 
sum of the taxes imposed by chapter 1 (other than by section 56) shown 
on the separate returns of the taxpayer and his spouse (plus, for 
taxable years beginning after December 31, 1966, the sum of the taxes 
imposed by chapter 2 shown on the returns of the taxpayer and his 
spouse). For example, assume that for calendar yedar 1972 H and his 
Spouse W make a joint declaration of estimated tax and, pursuant 
thereto, pay a total of $19,500 of estimated tax. H and W subsequenty 
file separate returns for 1972 showing tax imposed by chapter 1 (other 
than by section 56) in the amount of $11,500 and $8,000, respectively. 
In addition, H's return shows a tax imposed by chapter 2 in the amount 
of $500. H and W fail to agree to a division of the estimated tax paid. 
The amount of the aggregate estimated tax payments allocated to H is 
computed as follows:

(1) Amount of tax, imposed by chapter 1 (other than by           $11,500
 section 56) shown on H's return.............................
(2) Plus: Amount of tax imposed by chapter 2 shown on H's            500
 return......................................................
                                                              ----------
(3) Total taxes imposed by chapter 1 (other than by section       12,000
 56) and by chapter 2 shown on H's return....................
(4) Amount of tax imposed by chapter 1 (other than by section     $8,000
 56) shown on W's return.....................................
                                                              ----------
(5) Total taxes imposed by chapter 1 (other than by section       20,000
 56) and by chapter 2 shown on both H's and W's returns......
                                                              ==========
(6) Proportion of such taxes shown on H's return to total            60%
 amount of such taxes shown on both H's and W's returns
 ($12,000/20,000)............................................
(7) Amount of estimated tax payments allocated to H (60% of      $11,700
 $10,500)....................................................



Accordingly, H's return would show remaining tax liability in the amount 
of $300 ($12,000 taxes shown less $11,700 estimated tax allocated).
    (c) Death of spouse. (1) A joint declaration may not be made after 
the death of either the husband or wife. However, if it is reasonable 
for a surviving spouse to assume that there will be filed a joint return 
for himself and the deceased spouse for his taxable year and the last 
taxable year of the deceased spouse he may, in making a separate 
declaration for his taxable year which includes the period comprising 
such last taxable year of his spouse, estimate the amount of the tax 
imposed by chapter 1 (other than by section 56) on his and his spouse's 
taxable income on an aggregate basis and compute his estimated tax with 
respect to such chapter 1 tax in the same manner as though a joint 
declaration had been filed.
    (2) If a joint declaration is made by husband and wife and 
thereafter one spouse dies, no further payments of estimated tax on 
account of such joint declaration are required from the estate of the 
decedent. The surviving spouse, however, shall be liable for the payment 
of any subsequent installments of the joint estimated tax unless an 
amended declaration setting forth the separate estimated tax for the 
taxable year is made by such spouse. Such separate estimated tax shall 
be paid at the times and in the amounts determined under the rules 
prescribed in section 6153. For the purpose of (i) the making of such 
amended declaration by the surviving spouse, and (ii) the allocation of 
payments made pursuant to a joint declaration between the surviving 
spouse and the legal representative of the decedent in the event a joint 
return is not filed, the payments made pursuant to the joint declaration 
may be divided between the decedent and the surviving spouse in such 
proportion as the surviving spouse and the legal representative of the 
decedent may agree. In the event the surviving spouse and the legal 
representative of the decedent fail to agree to a division, such 
payments shall be allocated in accordance with the following rule. The

[[Page 116]]

portion of such payments to be allocated to the surviving spouse shall 
be that portion of the aggregate amount of such payments as the amount 
of tax imposed by chapter 1 (other than by section 56) shown on the 
separate return of the surviving spouse (plus, for taxable years 
beginning after December 31, 1966, the amount of tax imposed by chapter 
2 shown on the return of the surviving spouse) bears to the sum imposed 
by chapter 1 (other than by section 56) shown on the separate returns of 
the surviving spouse and of the decedent (plus, for taxable years 
beginning after December 31, 1966, the sum of the taxes imposed by 
chapter 2 shown on the returns of the surviving spouse and of the 
decedent); and the balance of such payments shall be allocated to the 
decedent. This rule may be illustrated by analogizing the surviving 
spouse described in this rule to H in the example contained in paragraph 
(b) of this section and the decedent in this rule to W in that example.
    (d) Signing of declaration. A joint declaration of a husband and 
wife (if not made by an agent of one or both spouses) shall be signed by 
both spouses. The provisions of paragraph (f) of Sec.  1.6015(a)-1, 
relating to returns made by agents, shall apply where one spouse signs a 
declaration as agent for the other, or where a third party signs a 
declaration as agent for one or both spouses.

[T.D. 6500, 25 FR 12108, Nov. 26, 1960, as amended by T. D. 7274, 38 FR 
11345, May 7, 1973; T.D. 7427, 41 FR 34027, Aug. 12, 1976]