My ex-boyfriend and I have a son together. We had lived together since before our son was born. This year, in October, we moved apart and our son lives with me full-time. Every year previous, my ex has filed with our son, in his taxes, as he's made more and has been Head of Household, so it's made sense to. Since we moved with only 3 months left in 2006, who files taxes claiming our son? Dad or me? Thanks for the advice!
2006-12-03 01:45:28 · 5 answers · asked by chaotic_mum 4 in Business & Finance ➔ Taxes ➔ Other - Taxes
Our son is 2.5 years old.
2006-12-03 01:52:26 · update #1
there are 5 qualifying tests to meet to be able to claim the child.
1. SUPPORT TEST: who supported the child more than 50% of the year.
2.GROSS INCOME TEST: the child cannot have made more than $3100.00 for the year unless they're under 19 yrs then it don't matter.
3.CITIZENSHIP TEST: is the child a US citizen?
4.JOINT RETURN TEST: meaning is the child married and filing a joint return with their husband?
5.RELATIONSHIP TEST: is it your child, grandchild,step child, adopted child etc...
if all of these test are met then you can take the dependency exemption. If you both feel you've supported the child for more than 50% of the year.... there's a worksheet to fill out to determine who actually supported the child for 50% of the year...
My advice is to call A Tax place now and ask questions to see which one of you would benefit the most from taking the exemption.
In 2005 the IRS change the laws about dependent exemptions.
Head of House.... there's Qualifications for that too just because he makes more doesn't automatically mean he's H.O.H....
HEY IRON..... THE FORM IS 8832 "RELEASE OF CHILD DEPENDENCY"
2006-12-03 02:05:39 · answer #1 · answered by damifiknow 2 · 0⤊ 0⤋
Legally, either of you can claim your son as long as you both agree. If you are still friends, let him claim the child and split some of the money saved on the taxes. To do this you, as the custodial parent have to sign a form allowing him, as the non custodial parent to claim the dependent. If you do not agree, you get to claim the child because you had custody more of the year.
2006-12-03 21:48:14 · answer #2 · answered by irongrama 6 · 0⤊ 0⤋
if he lives with you full time, you should be the one who files and gets the tax credit for him. you need to talk to your ex so you both don't end up doing it. you lived together most of the year so to be fair maybe you can offer him part of the money when you get it back. good luck
2006-12-03 09:57:14 · answer #3 · answered by parrotsarenoisy 5 · 0⤊ 1⤋
How old is your son? If he is over 18, he should file his own taxes.
2006-12-03 09:50:34 · answer #4 · answered by Aggie80 5 · 0⤊ 0⤋
I'd say you, since he lives with you full time. But you have to make sure that both of you don't do it... big trouble then.
2006-12-03 09:49:39 · answer #5 · answered by Mary G 6 · 0⤊ 0⤋