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Abigail Marie due in Dec | My husband sister filed their mother and her boyfriend as dependants? |
on her tax return. My mother and her boyfriend don't work and don't file taxes but they both get social security checks each month and they live with my husband's sister but they give her over 800 a month together and buy all the food and supplies for the house I told my sister n law that her and her husband could get in trouble for claiming them but she said she could claim them because they can't drive and she takes them to doctors and where they need to go Am I right that she shouldn't claim them on her taxes or will the IRS never be able to catch or prove that they are not dependants? |
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Jay
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She can only claim them as dependents if she is paying more than 50% of their living expenses.
If she can't prove that, she has filed a fraudulent return.
They will eventually catch up to her, and she will face a large debt and penalties. The computor age is alive and well in the Federal Government. Mom and bf's social security is in the computor, and when their names show up as someones dependent, it will chuck out their names and there will be an investigation.
When she gets her refund, you might suggest that she put it in the bank and not spend it. Because the IRS will be wanting it back.
She will also have to claim the $800. rent as income, which she wouldn't have had to do if she didn't open the door to an audit. |
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v b
 |
When your sister in law is audited, she'll be asked to show how she met all of the qualifying relative tests. Among them:
1. Each made less than $3400 in taxable income. (This won't include the SS check.)
2. The non-related boyfriend lived with her all 12 months of 2007.
3. That she provided more than half of their support. There is a worksheet in publication 501. The sister-in-law gets to count the value of the housing/utilities and food that she provides as support. She can also count transportation (at 48.5 cents a mile).
If the mother gets and spends $1000/month from SS benefits, the daughter must show how the total support is more than $2001 a month and that she provides the other $1001.
The worksheet is in publication 501. |
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misskate12001
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http://taxes.about.com/od/dependents/a/Dependents_3.htm
Explains it all. |
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bostonianinmo
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She can claim them if:
1. They lived in her home all year. (This applies to the boyfriend only, the mother doesn't need to live in the home.)
2. They each had less then $3,400 in gross income, excluding non-taxable Social Security.
3. She provided more than half of their total support for the entire year.
The most likely tripping point is the Social Security as it is considered to be support provided by the beneficiaries collecting it, not the taxpayer claiming them as dependents. She should use the worksheets in IRS Pub 501 to determine if she provided more than half of each of their support. If she did, then she may claim them. If she didn't, then she may not. |
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Spock (rhp)
 |
this was addressed in these forums already today.
if they do not meet the support test, they can't claim them.
further, since they're receiving rent in both cash and kind, plus the mother and her bf apparently have health coverage from somewhere [medicare/medicaid costs over 700 a month], i suspect she can not meet the support test [publication 501 and/or page 16 of form 1040 instructions] required.
support test = a person is your dependent only if you provide over 1/2 their support. support equals total annual expenditures on housing, food, health care, clothing, etc. of reasonable quality [luxury goods do not count]. |
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taxreff
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If they meet the definition of qualifying relatives (note that one does not necessarily have to be related in order to be a QR) she can claim them. Based on the information provided, they may very well be your SIL's QRs. To do that they would have to:
1. The boyfriend, but not the mother, would have to live with her the entire year, and
2. She would have to provide over half their support (would need mathematical computation based on what IRS had determined to constitute support), and
3. each would have to have gross income of under $3,400 (if social security was their entire income they would meet this requirement), and
4. they cannot be a qualifying child of another taxpayer |
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Mark H
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Say hello to Mr. Auditor!!!! That is going to send up more red flags to the IRS than a nascar race |
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bdancer222
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Well here's an even better question. Is that sister-in-law reporting that $800 per month rent she's receiving as income? |
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jls1znv9999
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They are co-habiting, she can claim them with permission.
Unless they have been determined to be unfit to care for themselves. Also if she does so without permission she can be audited and fined (usually the fine is around $2000.00)
If she has their persmission and they are fit to take care of themselves she should give them the money that she gains from claiming them as dependants.
If she is claiming that just by giving them rides and such is a form of dependancy and she doesn't have permission she can be subjected to a tax audit and could end up losing the whole tax return!
Also you can contact the IRS and give her full name and they will audit her and then they will proceed accordingly! |
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MoneyMonkey
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Your sister-in-law can only claim an immediate relative as a dependent if she is providing more than half of her cost of living. If Momma is giving her the money, then she's not providing more than half, more than likely. No matter what, the boyfriend can't be claimed. The IRS will catch up to this and this kind of blatant tax fraud is what puts people in jail. |
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jjudijo
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Isn't that your SIL's business? |
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I`m not mean, your just a sissy
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she can claim them |
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rocko007
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if they live with her and do not work than they are her dependents it does not matter how old they are. |
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