We have a 6 month old son. We have been living together since he was born. I will be claiming him as a dependent as I made more money this year. The daycare credit will not make any difference in my taxes. So, because we both paid the same amount in daycare expenses, can he claim those on his taxes even though he is not claiming our son as a dependent?
2007-01-05 12:51:24 · 10 answers · asked by CH30 1 in Business & Finance ➔ Taxes ➔ United States
We are not married. I've already done my taxes and based on credits and taxes, it makes no difference if I claim the daycare credits or not. I do not get less/more in a return. It changes nothing on my taxes by me entering it, but he paid $1000 in his income. We do not have a child support agreement because he lives with us. I'm more curious if he can claim what he paid in daycare expenses, not what we both paid.
2007-01-05 13:07:41 · update #1
Only the person claiming the dependent can take the child care credit and claim daycare expenses. Now if you were married, you could file jointly and both of you put in your respective amounts. Since you are not married, only you can claim it, but give him a percentage based on what he paid.
As an estimate let's say 25% of what he paid in daycare expenses he would get back. So if he paid $1,000, give him $250.
2007-01-05 12:57:43 · answer #1 · answered by Kevin K 3 · 1⤊ 0⤋
You cannot claim the child care credit if the child isn't claimed as a dependent. What state do you in. Many states recognize common law marriage, normally you would need to live together for one year, more in some states. Depending on the amount of money you both made, you MIGHT qualify for an earned income credit claiming Unmarried head of Household and also claim the child care credit. Or you might be able to file Married filing joint and again, depending on each of your income you may qualify for the earned income credit as well as the child care credit. It's worth looking into.
2007-01-05 13:11:07 · answer #2 · answered by Anonymous · 0⤊ 1⤋
YES and NO.. Check with the IRS yourself. I have listed the Publication 501 and Form 2120 as well as additional "frequently asked questions on this topic by the IRS".
Follow my lead and I will explain to you why my answer is a resounding Maybe YES.
If a child is the "qualifying child of more than one person and children of divorced or separated parents all of the following must apply".....
1. parents are divorced, legally separated, have a written separation agreement or lived apart for the last 6 months of 2006.
2. child received half his support from both parents equally.
3. the child is in custody of one or both of the parents for more than half of 2006.
4. custodial parent signs Form 8332 or similar statement saying that they will not claim the child as a dependent for 2006
OR
4. a pre 1985 divorce decree of separate maintenance or agreement between the parents that applies to 2006 providing that the non custodial parent can claim the child as a dependent.
The tie breaker rules apply" "If the child lived with each parent for the same amount of time, the child will be treated as the qualifying child of the parent who had the higher AGI for 2006."
See the IRS Publication 501 for details about special rules that may apply under multiple support rules of dependents.
NOTE: The General Ruse states that only one taxpayer can claim benefits for each qualifying child--dependent exemption, child tax credits, EIC, HOH filing status and child and dependent care expenses.
HOWEVER: Children of divorced or separated parents:
1. The noncustodial parent claims the dependent exemption and child tax credits if requirements are made.
2. The custodial parent claims EIC , Head of Household filing status and child and dependent care expenses.
Start reading and hope it will make sense to you. Start with Pub 504, it is the most positive of them all for your situation and then take it from there.
Good luck.
2007-01-07 04:45:37 · answer #3 · answered by Meg 2 · 0⤊ 0⤋
since i am a tax preparer i can tell you that he definitely cannot claim the childcare credit without having a dependent to file. when you file and you are not claiming a dependent the screen for the childcare credit will not even pop up.
2007-01-05 13:14:19 · answer #4 · answered by babygirl 1 · 0⤊ 0⤋
I think he can claim partial expenses and you can claim partial as well.If it won't make any difference in your tax rate then let him claim all of it. No sense in the government getting any more money to waste when the working American tax payer can keep it.
2007-01-05 12:58:59 · answer #5 · answered by justme 6 · 0⤊ 2⤋
I AM NOT CLEAR ARE U MARRIED? BUT IF HE IS NOT LEGALLY IN PAPER WORK FOR PROVIDING CHILD SUPPORT FOR YOUR SON THAN HE CANT BUT HE CAN SHOW AN EXPENSE WITH PROOF OF ALL THE PAYMENTS. BUT IN THIS CASE RETURN WILL BW LESS/
2007-01-05 13:00:33 · answer #6 · answered by Anonymous · 0⤊ 0⤋
only if he wants to go to jail. why dont you claim and you guys just split the money. you can go to the irs web site for more info
2007-01-05 12:56:49 · answer #7 · answered by Vivimos en los Ultimos Dias 5 · 1⤊ 0⤋
no only 1 ss number on the child they will catch that
2007-01-05 13:07:08 · answer #8 · answered by heyward c 1 · 0⤊ 0⤋
common law marriages are seven years so that doesn't apply here. As for the question the answer is NO!
2007-01-05 13:47:06 · answer #9 · answered by Anonymous · 0⤊ 1⤋
NO!
2007-01-05 12:59:04 · answer #10 · answered by dreamer 3 · 0⤊ 0⤋