Can I file and claim children since my income is the largest and can I go back on last year and ammend my taxes where she claimed head of house and did the same thing?
2007-01-06 16:45:27 · 11 answers · asked by Rose M 1 in Family & Relationships ➔ Marriage & Divorce
These dependents are my stepchildren who lived with me for 9 months this year and I have the largest income.
2007-01-06 16:59:16 · update #1
First Things first . . . talk to a tax professional . . .
As for the children being your step children, if they resides with you for more than six months during a given tax period, the person who has custody of the child, should be able to claim them.
But the thing is . . . you two have been separated for what. . . more than two tax years. . . . you will need to definitely talk with a tax professional, talk with H&R block they have a good group that will be able to help you with both this year and last year if you have to make any amendments.
2007-01-09 06:45:17 · answer #1 · answered by Tag Your It 6 · 0⤊ 0⤋
What would happen for last year is they would have to go back to audit the taxes. They aren't going to let you go back and claim head of household, because you want to get a bigger refund. I tried before, you may have to chalk that up as a lost. Is she willing to work with you at all? It's not fair that only one party get all the tax benefits, especially if you made a bulk of the income. Can you split the kids you can claim and she can claim? I am separated from my husband, but we agreed to file joint for this past year and claim one child a piece as head of household for the future. See if she is willing to compromise. If all else fails, it comes down to whomever files first.
2007-01-06 16:54:14 · answer #2 · answered by mightycute912 2 · 0⤊ 0⤋
Depends when you separated. If you resided with the kids for most of the tax year, then you can claim them but if not, she will claim them.
NEVER claim your children unless you get court permission.
Sometimes spouses claim the kids alternately. (father one year, wife the next) or sometimes the custodial parent claims all the time.
You should always consult a professional tax expert before doing anything.
2007-01-06 16:53:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you are just living apart, and you are giving her money for the kids, and you both claim them, the IRS will take finiancial information from both of you and determine who is providing the greater support. This may take a couple of years, and whoever loses will have taxes due and penalties.
If you have a court-ordered seperation agreement, who ever has custody has the deduction.
But of course, they're exception caveats, and I'm not a tax attorney... to be sure consult one.
2007-01-06 16:53:27 · answer #4 · answered by mt_hopper 3 · 0⤊ 0⤋
You can only claim the children as dependents IF they are. One way to get her to file with you is to ITEMIZE your return. That way if she CHOOSES to file seperately she will more than likely wind up having to PAY rather than get a refund. You might want to disucss that little aspect of tax law with her. Once you are divorced though you will need to file seperatly but it would be in both of our interests if you file jointly until then...just split the refund equally (or have the lawyers do it)
2007-01-06 18:45:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First one to file taxes will get the child deduction,,,, So hurry,, you will need to file married but seperated head of househoild,, No you cannot go back to last year unless it was filoed wrong.. but mind you you will be liable for any penalities,, consult a tax professional this year! I think H R Blockm still does do dovers for three years back ! Start there! Just take your last paycheck to them no waiting for you W-2.
2007-01-06 16:49:54 · answer #6 · answered by kitkatish1962 5 · 0⤊ 0⤋
If I were you I would get a court order for claiming the children. But I think it is illegal for the non custodial parent to file if it isn't court ordered. Because the custodial parent obviously takes more financial care of the children.
2007-01-06 16:51:31 · answer #7 · answered by besitos2610 5 · 0⤊ 0⤋
I don't think you should go back and amend... that always sends a flag to the IRS, expecially if there is a refund involved. They will be in your business for the next 10 years, inspecting you to death.
I don't see why you shouldn't claim them for this tax period, though.
2007-01-06 16:48:41 · answer #8 · answered by Anonymous · 0⤊ 0⤋
in case you reside in a state that has legal separation, and your legal separation became signed off with the aid of a choose, then you definately can record as single or head of kin. while you're actually not legally separated (as signed with the aid of a choose) or you reside in a state that only has ordinary separation (not legal separation) then you definately can the two record married and believe your substantial different the thank you to share the tax invoice or refund, or record married-submitting-one after the different which i'm instructed is the worst attainable tax value. the wonderful element is ask your legal expert.
2016-10-30 05:23:53 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Download IRS's Publication 504...Divorced or Separated Individuals guide for preparing your 2006 return. It's best to get the info. from the IRS itself than listen to "personal/individual" advices. I hope this helps!
http://www.irs.gov/pub/irs-pdf/p504.pdf
2007-01-06 16:56:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋