2006-12-27 05:52:52 · 12 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
My first guess would be that it is illegal. On second thought, I do know of some situations where competent adults are considered dependents for tax purposes.
Perhaps you are leaving some pertinent information out of your question? Is she providing financial support for the children?
Only one taxpayer (either single individual or two married individuals filing jointly) can claim a dependent.
It's possible there could be two separated parents who might be eligible to claim the dependent and there might be similar grandparent(s) who might be physically raising the dependent. BUT only one filer can legally claim the child on the return.
Legally, you should consult a tax professional.
Morally, if your mother is paying the majority of the child's support, you should TELL HER that she can claim the child as her dependent but to keep you informed so that neither of you gets in trouble.
If mom is not providing support, and you think she is playing sneaky games, go back to the legal method, and consult a tax professional and maybe a lawyer. File your taxes first, and let mom know how you filed before she gets the chance.
2006-12-27 06:19:33 · answer #1 · answered by Breandan 3 · 1⤊ 0⤋
It depends - does she provide more than half of their total support? If so, she can probably claim them legally even though they don't live with her. If she's not providing more than half of their support, then she's not allowed to claim them.
Do they live with you, and do you have income so that you have to file? You'd most likely be able to claim them unless there's a written agreement that their father can claim them. If you and your mother both claim them, the IRS will flag the returns, and you'd most likely end up with the exemptions, and your mom's would be disallowed. But if you're going to do that, talk to your mom about it first.
2006-12-27 14:26:31 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Yes
2006-12-27 16:07:29 · answer #3 · answered by U Have Nothing Better 2 Do 3 · 0⤊ 0⤋
Yes it is illegal for her to claim your kids if they dont live with her. You should be able to claim them not her. Even if you have no or little income, DO YOUR TAXES!! You can get quite a bit back esp. if you are low income.
2006-12-27 15:04:49 · answer #4 · answered by Amberlyn4 3 · 0⤊ 0⤋
They need to live with her for more than 6 months of the year. If you have no or low income you are missing out on refundable earned income credits for yourself.
2006-12-27 14:02:24 · answer #5 · answered by spicertax 5 · 0⤊ 1⤋
If she provides more than half of the support for the children, she can claim them. Otherwise, no.
2006-12-27 13:58:00 · answer #6 · answered by nickfromct 3 · 2⤊ 0⤋
Yes it would! Get advise from a tax lawyer, you certainly do not want to be caught up in her mess!
2006-12-27 14:00:50 · answer #7 · answered by Calina 6 · 1⤊ 1⤋
Honestly call a tax advisor
2006-12-27 13:55:39 · answer #8 · answered by me2 5 · 0⤊ 1⤋
well its illegal if you dont give her permission!! but she can with thier s.s. number you can claim anybody i am 24 and my mom claimed me and i didnt know it and irs sent me a paper claiming i owed money cause she claimed me well turns out it was on her.. so yeah if she had them for a while and supported she can with your permission and thier s.s. number.. hope that helps
2006-12-27 13:57:32 · answer #9 · answered by Anonymous · 1⤊ 1⤋
YES SHE WOULD HAVE TO BE TAKING CARE OF THEM FOR THE WHOLE YEAR IF YOU WORKED ANY THIS YEAR YOU SHOULD CLAIM THEM.
2006-12-27 13:56:04 · answer #10 · answered by CALI GIRL 2 · 1⤊ 1⤋