Claim child for taxes

[LAK]

unless you have earned income.

[LAK]

with no income.  No need for BM to file a return.

[Ref]

I didn't have time to read the whole thread again. It is getting a little much. I didn't see where anyone was referring to the EIC.

Anyway, to try to help this person and not get too distracted, this is how it works.

1. The boyfriend has no rights whatsoever to claiming the dependency.
2. The poster has no rights to the dependency without a signed agreement, such as the IRS form or another similar letter or a court order.
3. It makes 0 bit of difference if BM benefits, she is the only one entitled to claim the child.

The poster could push it and file anyway. The IRS won't throw you in jail for this, but will want their money back, plus interest & penalties.

The poster could call the IRS reps. They are very helpful, and get his own answer. It seems there are a lot of well-meaning people posting on this topic that are just not very tax savy and it makes it confusing.

Best wishes,
Ref

[LAK]

some of the posts were talking about the BM getting tax credits even though she had no income.  That is not true.  You cannot get credits without having income.  I even ran it through my professional tax program to verify that.

The BF could claim that he provides over half of the support since BM doesn't work, and they live with him.  But, if I was the dad, I'd claim the child.  Worst case scenario is they dissallow it.

[Ref]

I am amazed at your lack of professional ethics in suggesting that the poster should break the law.

Anyway, I agree with you about the credits. I am not sure if you are saying that you think the BF (meaning boyfriend) could claim the child because he pays half support and the kid lives with him. If you are, I STRONGLY disagree with you. It is pretty straight forward that a person can not claim a dependent unless they are a qualifying child or qualifying relative. This is the first test for dependency and the boyfriend would fail that right off the bat.

I admit that I have most of my background in audits and they are my strong points, but this is really very basic tax and makes me question in what capacity you have prepared a return and how long it has been since you looked at one. Your ethics also make me question how involved you really are.

Not to start another one of these AWFUL debates, but I guess as an accountant it bothers me when someone puts themselves out as a expert and have nothing to back it up.

Here is the like to the IRS site that spells out what a qualifying relative and qualifying child it.

http://www.irs.gov/publications/p501/ar02.html#d0e2859

Let me know if it is not clear and I would be happy to PM you about this further.

Ref

[LAK]

Not one of my clients (knock on wood, LOL) has ever been audited.  I'm sure they still wouldn't be coming to me if they had.  I guess we have accounting in common too.  That is what my Bachelor's Degree is in, and I've also been doing that for 23 years.  Never did like public accounting though, I stuck with private.  Matter of fact I have a very successful business doing accounting and taxes.

I know what you mean about people giving advice when they don't know what they are talking about.  That is why I had to chime in when the poster was being told that the BM would qualify for tax credits even without having any income.

BTW..never said the BF should claim the child.  I also did not advise the poster on what to do, I said what I would do if it were me.  After this many years in the tax business, you'd be surprised at how much gray area there really is.

Oh well it was nice conversing with you...actually, I need to get preparing some of the Corporate returns sitting on my desk.

Have a good day.

[sparrowmom]

>I am sure my ex is not married. It would give her nothing but
>pleasure to tell me she was married and I would not be able to
>claim my child. She says that I will get in trouble with the
>IRS.
>
>
>
>She has threatened me countless times about getting more money
>saying child support is not enough. What she wants is enough
>money so she does not ever have to work.
>
>

I thought you said that she did not work?

Also thinking, if she has not worked in over 2 years as you say, they must be making enough to support what they have.

She is working or married and you just don't know it.

I am no tax expert, but I would also assume that if something was
"kicked back"  both parties would be notified?
I have never had an issue with the IRS, but I would think if a SS# came up twice, a notice would be sent to both?

[sparrowmom]

Just sending ;)

LAK and Ref are both right on the points.

I just don't think one advocated pulling a fast one on the IRS as thought.  
They merely pointed out the very Gray area. There will be no Red flags if only 1 SS# is claimed.
 I honestly see no harm in allowing a parent to claim if the other parent doesn't. (court order or not) But I think that the Primary Provider should be allowed the deduction every year if they are earning enough that it impacts the reduction in owed tax.  

One also must consider the impact the deduction might have after the child is in HS. If they plan to attend college this will have an impact.

Knowing most NCP's count down the days before the support ends....
and have no desire or "Court Order" that will finance continued education.  

These things Need to be considered if your children will need the Financial Aid.  

 If you expect your child to rely of Federal Financial Loans....  

Well, then you just shoved your hostility and greed  upon your Kid.

Unless you are willing and able to pay what FA does not cover,  You may have just shoved 20 years of debt on them.

This is assuming the CP is living in Poverty as most NCP's say.  

Heck, if the NCP is the one living in poverty, then of course they could use the exemption more.  

 It is not about US... it is about the kids.

[Ref]

The posters concern was that the BM's SO would claim the child and the poster wanted to know if he could claim the child instead.

The answers to those two questions are no and no. There is no grey area. According to IRS code they are no for both questions.

1. No to the SO claiming because they would fail the first test of qualifying child/relative.

2. No to the poster claiming because he doesn't have the proper IRS form or other signed agreement with BM.

I think that is all the poster was asking. This board was going a little nutty talking about credits in general then EIC. None of these matter if the child can't be claimed as a dependent on the poster or BM's SO's taxes.

Hey LAK, why don't we put our experiences together in public accounting to help out those who post on this board on their individual return questions? You have been here a while. You know every year this board lights up with questions like this and a bunch of people with no tax background offer their opinion. It would be good if we could use out credentials to let people know what the proper tax treatment would be.

Ref

[LAK]

Man....I hate to see lost exemptions, LOL

Anyway, I have been around a while and answer tax questions on another board.

I don't check in to much over here, but if I see any, I'd be glad to help out.