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Additional Details
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Vegas Bound | My roomate wants me to claim 3 of her 5 kids, can i legally do this? |
Additional Details
Also, can I file head of household if she doesn't?
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♥J€§§¡¢a♫W€§§¡¢a♥™
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Unless you are also life partners, I think that what she's asking you to do by claiming her children as your dependants is fraud. Don't do it. I'm not sure how you'd list a room-mate. I would think that technically, whomever has the apartment/house in their name would be "head of household" but honestly? If you're only friends and roommates, you're each the head of the household for your own families. If you lived there with a husband and children, and she shared the space with her children, you're two separate "households."
Talk to a tax lawyer though. It depends a lot on your specific circumstances and the details. There's really not enough info in your question. |
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dnjo303
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The best way to find out is to call the good ole IRS. I think you'll find out the answer is no. Schemer are every where. |
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Doctor Deth
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she'd be throwing away the $1000 per child tax credit possibly-depending on kids ages or does she not make enough to take advantage of the exemptions? If that's the case she should negotiate with her ex to let him claim the 3 kids and give her half of the tax benefit. there's a form sh has to sign off on and can do it on a year-by-year basis and stop it anytime. get a notarized written agreement or have the ex give her her 1/2 of the tax benefit up front to guarantee she gets it |
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v b
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IRS NOTICE 2008-5 just changed some of these answers.
The IRS announced that if a person made less than $3400 of wage income and files solely to claim a refund of taxes withheld, that individual shall be deemed to not have any qualifying children of their own. If the person made more than $3400 *or* made less and claimed any EIC at all, then, *all* of their children are qualifying children to them.
In order for you to claim any of these children (or her for that matter), you have do so under the "qualifying relative" rule. The first of which is that the children cannot already be a qualifying child to someone else. (The others require you to also prove that they lived with you all year and that you provided more than 50% of their support.) A Qualifying Relative only gets you the $3400 exemption amount, not HOH nor EIC.
The fact that she's trying to offer you "3 of her 5 kids" tells us that she *is* planning to claim the other two for EIC. So you CAN'T DO THIS.
(To claim HOH, you need to both have paid more than half of the cost of the home AND have a blood/marriage relative as a dependent. Your roommate doesn't qualify because you aren't married to her. Her kids don't qualify you because you aren't their bio-dad.) |
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irongrama
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Starting in 2005 you cannot claim any kids that are not your relative. Prior to that you could claim roomates kids considering them foster children but the law was changed in 2005, foster children are only those assigned to you by the govt. Re: head of household, the same rules apply you must have a qualifying person to file this way, and unless you have kids of your own also living there you cannot do that. Sorry, but that's how it is now. |
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Wayne Z
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No.....you can not claim her kids. One of the dependency tests is that the dependent can not be the Qualifying Child of anyone else. As they are her qualifying children, you can not claim them.
Also....No...you can not file as Head of Household.
You would file as "Single".
Your roommate would be Head of Household if she provides for more than have of the expenses for the home or Single if she does not.
Scenarios like this got some Jackson-Hewitt franchisees in major trouble last year. This is called "child swapping". |
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Patrick S
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For the last few years, there has been a Uniform Defnition of a child for things like dependency, child tax credit, and EIC. If you are paying more than half of the costs (and can prove it), you may be able to claim the dependent, but would be unable to claim the other tax credits like EIC and Child Tax Credit. See a tax professional and be honest about who is paying the bills and you could get some tax benefit. If they live with the other parent, do not claim them (since that woud be fraud). Do not claim head of houshold if your roommate does also. You can't both be paying more than half the bills. Teo HOHs from the same address will increase the likelyhood of an audit. Just be honest and claim what you can prove. |
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Jenn
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you have to provide support for someone for more than 6 months of the year to claim them, such as shelter and food. If you claim dependents and are single, you can claim head of household. But I don't understand why she would want to do this. It would greatly reduce her refund. With them not being your kids, you would probably have to provide proof that you fully supported them. |
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