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Veronica | Income tax question please help? |
okay so i have a question about income tax
for this year i have worked from jan-july
&&just got a job.
I have two kids and i still live with my parents.
i supported my kids the whole time i had a job, NEVER asked for diapers.
My parents want to claim my kids on their income tax, but all tho they put a roof over our heads, i believe i need the money more..i'm tryin to get out of their house and i need a car.my parents pretty much WONT let me claim my own kids...
can they do that??
Additional Details
If my parents claim them, they will not give me any of the money.
I'm not worried about who will make more from income taxes, i need money in my pocket, whether it matters to the IRS or not.
I'm just asking if my parents are allowed to tell me i cant claim them. |
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Ben
 |
They can't claim them and they will be screwed if they get audited. Like someone else said, file your taxes NOW before your parents do. |
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v b
 |
Step 1. Are *you* their dependent?
If yes, you can't claim dependents of your own.
If no, you can and you have a superior claim.
Get IRS pub 501 and do the support test worksheet on page 18 for *you*. If you did not support yourself (and yes, you have to include your share of their cost of housing/utilities/food), then they claim you.
If you did support yourself, you claim yourself.
Step 2. If you did support yourself, then the IRS will say that your two children are qualifying children for both you and your parents. Who provided support is not the issue. However, if both you and your parents claim the children, the IRS will use the tie-breaker, which awards the claim to you.
If you and your parents claim the children (only one of you can efile, the other one would have to mail their return in), the IRS will resolve the duplicate by sending a letter to you and your parents, suggesting that whoever made the error, amend their return. When you refuse to back down, the IRS would forcibly amend their return. |
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Judy1
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Unless your parents can claim YOU, you have first right to claim your own kids. Either you or they can claim them, but you will get to decide unless yu are a dependent, in which case you can't claim dependents. It might come down to how much money you made in that time you worked, for you to be able to show that you aren't a dependent.
If you provided over half of your own support, then you are not a dependent. But remember, the value of that foof over your head, food and other necessary items they bought, count as part of your support. You say you never asked for diapers. Who bought food, and clothes, and paid for doctor's visits? Those would count as support.
If you did not provide over half of your own support, then if you are under age 19, or under age 24 and a full time student for part of any 5 months of the year, you are most likely a dependent. Or if you made under $3500 for the year, you are most likely a dependent.
Again, if you ARE a dependent, you can't claim dependents so can't claim your children.
There isn't enough info in your question to determine who provides what in support for any of you. And that's what it comes down to, not who needs the money more.
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xtraheavy01
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Veronica,
Like everyone here says, it is your child and you can claim her.
If your parents do not claim you, then you should claim your child,
You can file as HOH with a dependent child. But you need to file first.
Once you file, they cannot get the child.
Its your child. they are just the child's grandparents. Your mom and dad should understand this.
Hope all works out. |
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livvymom
|
What you're asking about is if your kids are your dependants, or are they your parent's dependants. This is a legal issue, not a matter of opinion, and it is a serious issue. Please do not fool around with answers from this board. Here is a link from the IRS that describes what's required to claim someone as a dependent. I hope that helps you. If not, get your taxes prepared by a tax professional such as H&R Block. Good luck to you.
http://www.irs.gov/newsroom/article/0,,id=133298,00.html |
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Michael B
 |
Firstly, having your parents claim them may not be the worst thing if it saves them more in taxes than it would save you to claim them. Then they can write you a check. This would happen if they are in a higher income bracket, yet not too high to have dependent exeptions phased out.
That aside, the tests are Age, residence, relative, and support. The 1040 instructions will spell this out for you in the "What is a dependent" section.
The fair value rent they would have to pay to live in the house is included and basic utilities are included. If you've been working only seven months of the year, then there's a good chance your parents have provided more financial support. |
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justbeingher
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If they did not support them they cannot claim them. YOU can and should. They would have to prove support if they were audited. If you file first and claim them, they can't - so get busy. |
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Othniel
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The IRS has what they call tie breaker rules. In a case like yours the parents have the preferred IRS relationship and your claim would probably win over the Grandparents claim. You do have to consider as to whether you were truly head of household and provided more than 50% of living expenses. You can also claim them as single and not deal with the head of household.
I would suggest you go to a tax preparer such as H & R Block and have them study your situation. It could be that your parents will receive quite a bit more than you if your income was under $15K. In that case they could claim the children and then split the refund with you or whatever is fair. |
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stephenweinstein
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1. If it would be legal for you to claim your kids if your parents let you, then it is also legal for you to claim your kids if your parents do not let you. If it is legal for you to claim you kids, then it is also illegal for your parents to claim them. There are no circumstances in which they, or anyone else, could legally decide who claimed the children. Only one person is eligible. The only decision is whether that person claims the children or no one does. The only time that anyone can decide whether they or another person claims a child is if they are a parent (not a grandparent) of the child whose parents are "divorced or separated" and are deciding which parent claims the child.
2. Who needs the money more makes absolutely no difference.
3. Generally speaking, since you all lived together, whoever provided the majority of their "support" would qualify. "Support" includes housing, so it is possible that they may have provided more, if the housing exceeds everything that you provided, combined. |
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