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Additional Details
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Spyderman | Who should claim our son as a dependent? |
My fiance and I lived with her family for most of the year. However, we both paid in several thousands of dollars we expect to get back for the most part. Her mother has been pretty persistent on claiming our 2 year old son. I don't like the idea and told my fiance no. Her mother keeps saying she is going to talk to her tax person and see. She says we won't get anything extra back because we didn't make enough, however my Grandpa who is an accountant says we will.
I'm not sure what to think of this and what the best option is. We are about to get our own place and the extra money would certainly help us, and the mom is all about herself and somewhat greedy when it comes to things like this so I am unsure of our best option. If we really won't get anything extra back, then I am more than willing to let her do it. I just don't want to get the raw end of this deal.
Additional Details
We as parents completely supported the child. Clothing, food, diapers, etc. We've also supported ourselves with the exception of rent. |
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♡ту & яι'ѕ мαмα мιℓf ρσѕѕє♡
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This is a no-brainer answer.....I can't even believe your fiancee's mother would fight to claim YOUR child. She's unbelievable. IMO, you or your fiance should and WILL claim YOUR child. You need to tell that to your future MIL. I understand that you live in her household, but you both worked and supported YOUR child. As long as she doesn't know your child's SSN, she can't claim him either (and WHY would she need to know that, only the parent's should know that.)
Here's what you do, file for free online at turbotax.com (you & your fiancee) and before hitting submit, calculate who would get the bigger return combined. So you do your 1040 for just yourself, and then add your child & write down both totals. Then do your fiancee with just her, then add the child and write down both totals. Take your total for just yourself with your fiancee's with the child and add together. Then add the other 2 figures together. Which ever way is bigger is the way you should file. |
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Judy1
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Either you, your gf or her mom can probably legally claim the baby. If you can't agree, the parent with the higher income gets the claim.
Whether you get anything extra back for claiming the child depends on how much each of you made, so no way to tell that. You'd most likely get something extra though, although if you are expecting most of your withholding back, it might not be much. If you'll post what all 3 incomes are, someone can give you a better answer.
Of course there is always the issue of fair, although that doesn't control what's legal to do. If her mom has had the three of you living with her for most of the year like you say, and has been providing much of your support (and remember, support includes housing and household expenses), then it might be fairer to let her claim the baby since she is legally allowed to.
There's another issue here - depending on how old your girlfriend is, it's possible that her mom can claim HER also, in which case your gf can't claim the baby.
With your additional details: first of all, you as parents did NOT totally support the child, since you say "except for rent" - that's a lot more than diapers,etc., as you will quickly discover when you move out on your own
You might get as much as around $3000 extra if you claim the baby. If your gf claims him, she might get around $1700. The grandparents would save maybe $1500, maybe more. So it might make sense financially for you to claim him, but would be fair to split to money with grandma as thanks for letting you live there rent free and for the extra tax she pays if you claim him and she can't.
With your added info, she can't claim your gf.. |
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bostonianinmo
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Since you lived with your fiancee and your child, either of you has a valid claim to the child. You should figure your taxes both ways and go with whichever way results in the lowest total tax liability between the two of you. If you cannot agree and both claim the child, the IRS will award the exemption to the parent with the higher AGI. That's not necessarily in your combined best interest though so you need to sort this out between the two of you in advance.
If either of you paid more than half of the cost of maintaining your home, that one can file as Head of Household. However since you lived with her family for most of the year it's highly unlikely that either of you paid more than half the cost of maintaining the home so neither of you can file as HoH. |
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v b
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Ah, youth, if you did the IRS support test worksheet you'd discover what the IRS calls suppprt. Since this includes the baby's share of housing and food, it's highly doubtful that you provided more than half of the baby's support.
Fortunately for you the test isn't whether you provided more than half, rather that the baby didn't.
Let's see, your fiance files single, doesn't owe.
You file single and claim baby and get $0 tax and possibly get $2900 in EIC (If you were married, you'd get more) and a tiny bit in additional child tax credit.
If you filed single without the baby, you'd owe $105 in tax.
If your sort-of-in-law claimed the baby, they'd save $874 in income tax, $1000 in child tax credit...and when they claim mom, they save about $874 on her too.
so, literally you are comparing $2800 on your tax return with $1800 on theirs. Your's pays better. And even if you don't feel like sharing some as 'rent' you win because you are the parent. |
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Bob F
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From what you describe, you, your fiance, and her mother are all eligible to claim your son legally. If EVEVRYBODY agrees, then anybody they all agree on can legally claim him. If everybody did agree, I would suggest you all go in to have your taxes done by the same guy at the same time so that your son could be claimed by whoever it would benefit the most.
However, since you don't ALL agree, there are some tiebreakers. The first tiebreaker is that a parent always beats a non-parent. So you and your fiance beat grandma since you are both his parents.
If you and your fiance cannot decide, then which ever of you has the highest AGI (makes the most money) wins.
That is who will win if and when the IRS gets involved. In a practical matter, whoever electronically files the first wins - at least until the IRS is asked to get involved by having a second party claim your son.
Long story short - you and your fiance have a superior claim, but grandma can complicate it a lot if she efiles first. So you and your fiance should get to the tax office first. Here's an idea - make sure you get the mail every day and if grandma gets her W-2s before you guys do, hide it until your taxes are done and efiled. |
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Krystal K
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you, the parents should of course. i lived with my mom the entire past year while my husband was in korea. just because we lived with her doesnt mean we are going to let her claim him. just tell her, i'm claiming him and thats that, she cannot claim him without your consent so if you tell her no and she does it anyways, she can get into some trouble. |
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summerluvin_ca
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I'm sorry to hear that your fiance mother is trying to pull this. Obviously she is aware of the tax break/write off that a child will allow her to claim. I'm not sure whether you are in Canada or not. But in Canada, whoever claims the child also receives benefits towards rearing of the child.
Do not allow the mother to claim your son as a dependent. When it comes to yourself and the fiancee, the person with the lower income will claim the child as a dependent. |
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getagrip
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The thing is, she's your fiance's mother, and you lived with her a year. Your child was actually dependent on her for over 6 months out of the year. So technically, yes she can claim him. Just to keep peace in the family, don't bicker over money this time, and just let it go. I know you could use the money, but in the long run, it'll be worth it to let it go. |
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Ryan M
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Who did the child LIVE with and who paid most of the child's living expenses. The answer to that is the winner! Also, you Grandpa is right! |
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