my mom has a power of attorney over a 2 yr. old girl who we've both raised as a part of our family. my mother has allowed me to claim her as dependent on my income tax. am i allowed to do this??? i really am confused because some say i can and others say i shouldn't. your help or advice would be greatly appreciated...
2007-01-26 13:06:57 · 7 answers · asked by wintersrayne 2 in Politics & Government ➔ Law & Ethics
my mother and i pay half of everything for her.
2007-01-26 13:25:11 · update #1
My sister carries her two grandchildren that live with her her son also lives there but she pays 51% of everything for them (home, clothes, food, etc). If you pay 51% then you can carry them. Also as long as no one else carries them. She has carried them for the last 5 years. Hope this helps!!!!
2007-01-26 13:20:53 · answer #1 · answered by d3midway semi-retired 7 · 0⤊ 0⤋
A power of attorney has NO impact on tax laws. Read the instructions to the 1040 for the rules about who can claim someone as a dependent.
NOTE: Your mother may be the legal guardian or have custody of the 2yr old, but no one has power of attorney. Power of attorney is when one person grants another the authority to act in their name. A 2yr old is not capable of granting that authority.
2007-01-26 22:26:48 · answer #2 · answered by STEVEN F 7 · 1⤊ 0⤋
The question is this: do YOU provide this girl with a majority (i.e., more than half) of her support? If you're both raising her, chances are that you do, and you can take the credit. If your mom is providing this girl with significantly more financial support than you are, then technically you can't.
2007-01-26 21:22:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
She is your daughter, and the IRS isn't going to check who has guardianship over her. If your mother isn't going to complain then you have no worries. It may not follow the letter of the tax code, but millions of people trade-off on who claims who all the time. It is highly unlikely you will be audited as long as you don't have itemized deductions, and even if you did, it is unlikely that the IRS would audit you based on your claiming your own daughter.
2007-01-26 21:17:35 · answer #4 · answered by Anonymous · 0⤊ 2⤋
Given that you are both sharing expenses, and your mother is NOT claiming her, it is OK to claim her on your taxes.
2007-01-26 22:45:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You should just call the IRS and ask them. I have heard of people who are filing as head of household doing it.
2007-01-26 21:20:01 · answer #6 · answered by ☺☻☺☻☺☻ 6 · 0⤊ 1⤋
well you should talk to a tax professional,but no she is the one that is responsible for her so i pretty sure that she is the only one that can claim her on the tax's.good luck
2007-01-26 21:18:26 · answer #7 · answered by Anonymous · 0⤊ 2⤋