2007-01-12 10:23:07 · 13 answers · asked by lezlealynn 2 in Business & Finance ➔ Taxes ➔ United States
With so little information one cannot say for sure. These people who give you definitive answers are incorrect for doing so.
One thing that can be said for sure is that while more than one person can be qualified to claim a dependent, by law only one of those who are qualified can eventually claim that person as a dependent on their tax return.
Also, the residency test for qualifying children is not just six months as some people have incorrectly stated. It is that the child live with them for MORE than six months.
Another thing to keep in mind is that whoever has legal custody does not always tell us who actually had physical custody which is what the IRS cares about.
If you call the IRS at 1-800-829-1040 on a weekday between 7am-10pm your local time they will ask you a series of questions and based on your answers be able to definitively tell you who is legally entitled to claim the child.
You can also read the IRS publication linked below if you are so inclined that covers this topic completely.
2007-01-12 11:53:45 · answer #1 · answered by Mr. Zimmer 3 · 0⤊ 0⤋
It depends on who the custodial parent is. They are the legal one that can claim someone. If your daughter is the legal custodian
and she lets you claim her, then you can. If custody is split, then
you have to go by the tiebreaker rules, which states that if 2 people keeps someone for the same amount of time, then the one that makes the most income gets the deduction. A non-custodial person cannot legally claim someone unless the custodail person sign s
the consent form 8332, release of exemption, for the other person to claim.
2007-01-12 10:40:21 · answer #2 · answered by magpie 2 · 0⤊ 0⤋
If you can provide documentation to show the IRS that you had LEGAL/COURT APPOINTED custody, you may have a chance since you cared for her 6 months of the year. Also, I hope you saved ALL YOUR RECEIPTS. Proof is the one thing they will want to see. The trap here is if someone else is claiming her - or if you received any kind of 'state support. If I were you - I'd call the IRS and ask them to be sure. There are too many people out here (even professional tax people who have businesses) who can make a mistake and mislead you - and I have personal experience - YOU ARE STILL RESPONSIBLE for any error your tax person makes. Please call them to be safe.
2007-01-12 10:31:32 · answer #3 · answered by THE SINGER 7 · 1⤊ 0⤋
Only one tax entity (individual or married couple) can claim her as a dependent. If you want to work out a share agreement for the tax savings, you have to do that independent of the IRS.
2007-01-12 10:30:38 · answer #4 · answered by Carter 3 · 0⤊ 0⤋
Had custody for six months, or at least a day more than six months? To claim her, she had to have lived with your for MORE than six months - if less, you can't claim her. And if your daughter lived with her for more than six months also, even if you were supporting both of them, she might have a stronger claim if she claims her.
2007-01-12 12:23:11 · answer #5 · answered by Judy 7 · 0⤊ 0⤋
As far as I know...the person that can claim her would be the one who had her for the most part of the year...that is 6 mo.+ I believe
2007-01-12 10:32:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you provided more than 50% of her support in 2006 you are entitled to claim her as a dependent. Of course, you'd best be able to demonstrate that AND you'd better get your claim in before any other potential claims.
2007-01-12 10:31:41 · answer #7 · answered by fdm215 7 · 0⤊ 1⤋
yes;as long as there is a dependent that you supported for at least 6 months out of the year you can claim them as a dependent.
2007-01-12 10:28:59 · answer #8 · answered by Anonymous · 1⤊ 1⤋
I think so. I think thats the time limit, 6 months. Just call any tax office and ask.
2007-01-12 10:33:28 · answer #9 · answered by sitwithus 2 · 0⤊ 0⤋
no only one person can claim her and if you both do then you might get audited if they catch it but some times they don't my mom and my dad claimed my brother like 6 yrs ago and nothing has happened"yet"
2007-01-12 10:32:26 · answer #10 · answered by apallo123 2 · 0⤊ 0⤋