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Deken l | What's to keep me from claiming my daughter on my taxes? |
her mother all ready has but technically has no parenting place or legal arrangement for her to take that right.
any advice? should i do it and see what happens? will i have to pay money back if audited? |
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notaperviemusculargent
|
I think what you are asking is if there is a final divorce decree in effect. You mentioned your daughter's mother. If the judge awarded you custody, you get the exemption. If not, you have to argue with the IRS and they will make a decision based upon whether you are an American citizen, etc, and whether you provide over 50% of your daughter's support. You should attempt to get your ex-wife to sign an IRS Form 8332. That form gives you the exemption. Cannot tell what you mean by "technically has no parenting place or legal arrangement forher to take that right". Is she in jail? Here's the IRS code regarding the providing over 50% of the support:
To qualify for head of household status, you must pay more than half of the cost of keeping up a home for the year. You can determine whether you paid more than half of the cost of keeping up a home by using the following worksheet. In your case, you may be married. Generally, you will save more on your Federal income taxes if you file jointly.
IRS: Cost of Keeping Up a Home
Amount You Paid
Total Cost
Property taxes $ $
Mortgage interest expense
Rent
Utility charges
Upkeep and repairs
Property insurance
Food consumed
on the premises
Other household expenses
Totals $ $
Minus total amount you paid ( )
Amount others paid $
If the total amount you paid is more than the amount others paid, you meet the requirement of paying more than half the cost of keeping up the home.
Include in the cost of upkeep expenses such as rent, mortgage interest, real estate taxes, insurance on the home, repairs, utilities, and food eaten in the home.
If you used payments you received under Temporary Assistance for Needy Families (TANF) or other public assistance programs to pay part of the cost of
keeping up your home, you cannot count them as money you paid. However, you must include them in the total cost of keeping up your home to figure if you
paid over half the cost.
Costs you do not include. Do not include in the cost of upkeep expenses such as clothing, education, medical treatment, vacations, life insurance, or transportation. Also, do not include the rental value of a home you own or the value of your services or those of a member of your household.
If you get audited and lose, you will have to pay the tax that results, plus interest and penalty, so try to get her to sign the Form 8332. |
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viajero_intergalactico
 |
no no no...
first of all. it is not hard to do.
second of all, are you the person who can legally claim that child?...if yes, then go ahead and put that child on your taxes.
third of all, do you know for a fact that your spouse has claimed the child...maybe he just said that to buy time while he gets his taxes in order and guarantees that you dont claim before him.....ahh you didnt think of that one did ya?!
either way,,,,if you are the rightful claimer of the child...then just do it....this is what will happen....
if he did file, then you will get a notice saying that the soc sec number has been used and that you need to prove that YOU should be allowed the dependent. HE will have to pay back if you prove you are right.
if he has not yet filed, then you will get the refund with the dependent included and will get a letter later stating that someone else wants that dependent and then you prove that its yours. this is only true if he claims the dependent.
either way you win...IF YOU ARE THE PERSON WHO CAN LEGALLY CLAIM THAT DEPENDENT.
again, its not hard. |
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Judy1
|
Who does she actually live with more of the year? Her mom? Then no you can't claim her. An efile would just be rejected if she's already been claimed. If you file on paper by mail, you and the mom will both get a letter from the IRS telling you that two people claimed the same person, and saying that whoever didn't have the right to the claim needs to file an amended return dropping the claim - then if nobody does, they'll investigate and decide who gets the exemption. The other person will have to pay back whatever he got by making the claim he wasn't entitled to, with interest and possible penalties. There's 100% chance this will happen if a second person tries to claim a person who has already been claimed as a dependent, it isn't just on the chance you'll get audited, the computers will definitely identify it.
If the child lives with YOU, then go ahead and claim her, and the mom will be the one having to pay back anything she got by claiming her, But otherwise, don't do it, you'll just cause yourself trouble with the IRS.
It's not a matter of legal arrangements. By IRS rules, the person who can claim her is the person she lives with the greater part of the year. |
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fortuitousoppty
 |
I have a friend who found out her ex had done that to her from the IRS. She got a rude letter stating her kids were already claimed and owed money. If it was an illegal claim, you will have some work ahead of you, and trust me, it will not be easy. The cost to you and your ex is if it was an illegal claim could end up not being worth it. You might try negotiating with her, and half the benefit while mentioning the illegality of her action. If it was wrong, she might give in. |
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Codys mom
|
you have the right to claim your daughter if she lived with you for more than 6 months and you paid for more than 50% of her total support.
if you try to claim her on your tax return (by e-filing) your return will be rejected because your daughter's social security number is already on someone elses return. You can mail in your return claiming your daughter. in that case the IRs will apply tiebreaker rules which consider relations, who lives with whom, who makes more money.
It would be good if you guys can work out an agreement taking turns claiming your daughter.
talk to your local HR block office. they don't charge for advice. |
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banth57
|
Whoever has custody takes the deduction.
You'll have to pay the money back and pay a fine. |
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travelguruette
 |
Whoever the children lived with and who supported them is entitled to the deduction. If you take them as a deduction you will have to mail in the tax forms. You will both be audited and the correct person awarded the credit. |
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Elizabeth S
|
You won't be able to file. There are checks within the IRS system to make sure dependents aren't claimed multiple times.
If it was your legitmate deducation, you would file taxes with her as a dependent. Then the IRS would reject your filing. You'd have two choices - delete her as your dependent or legally fight and prove she is your rightful dependent. Whoever looses usually pays some fees and/or penalties. It's not worth it if you aren't 100% sure if you will win. |
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The XYZ Affair
|
No. You can't claim a dependent twice. |
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kathykoul
 |
Well the first problem is that if you file electronically your return will automatically be rejected. The computer compares dependency claims against the ss# and her mother has already claimed her. Seoncdly, if your daughter lives with her (even if it's in someone elses house) she has the legal right to claim her. If you file by mail and try to claim her, the IRS will send out a letter to both you to determine who gets to claim her. Unless she lives with you, you'll lose. |
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bostonianinmo
|
The IRS, that's who! When 2 taxpayers claim the same dependent, the IRS will get involved 100% of the time to resolve the discrepancy. If you already received your refund and were not entitled to claim the child, they'll bill you for the additional taxes due, plus penalties and interest if it was after the filing deadline when it was resolved. (Why do you think that you have to put the child's SSN on your return? That makes it easy for the IRS to catch duplicate claims.)
By law, the custodial parent gets to claim the exemption for the child. The custodial parent is the one that the child spend the most time with during the year. If the child lives with it's mother, the mother automatically gets the exemption unless she voluntarily signs the exemption over to you by giving you a completed Form 8332 which you then must attach to your tax return.
The only other situation where the non-custodial parent gets the exemption is when there is a divorce decree or support decree that meets the strict language spelled out in Federal law and gives the non-cusdodial parent the exemption. You'd have to attach the relevant pages from the decrss to your tax return to claim the exemption. |
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tkquestion
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Wait.... who's the real mother? You or "her mother?"
You cannot claim someone as your dependent if you already know someone else has claimed her as a dependent. However.... if you have the legal guardianship and you have the expense to keep her fed, clothed, etc, then you have the right to claim her as a dependent.
This is something you have to get lawyers involved. |
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