my stepsons girlfriend was taken from her mother & put in something that is simular to juvinile hall. she is in school but has a job. she is now out of this place & living on her own. her mother has nothing to do with her but wants to claim her on her taxes. can she do that even though her daughter did not live with her? what if the mother files before the daughter, will the daughter get a refund? i do not believe she is 18 yet.
2007-02-05 04:55:38 · 13 answers · asked by peaches 1 in Business & Finance ➔ Taxes ➔ United States
The girl is now considered a ward of the state, the mother could not claim her as a dependant. the daughter would not be able to claim her own exemption, because she is a ward of the state.
The State is supporting her. So the mother does not meet the support test for claiming her
2007-02-05 05:12:58 · answer #1 · answered by Anonymous · 1⤊ 1⤋
If her mother no longer has legal custody and does not support her daughter in any way, she is not entitled to take the exemption for her. Tell the girl to take the standard deduction and personal exemption. Make sure she does NOT check off the box where it asks if someone else can claim her as a dependent. When two people claim the same exemption, the IRS will contact both and make a determination as to whom should get it. This is NOT an audit.
You didn't say *when* she was taken from her mother. If it was July 1, 2006 or later, her mother could get the deuction based on providing upkeep for more than half the year.
See the IRS Publication 501: Exemptions, Standard Deduction, and Filing Information for more detail.'
http://www.irs.gov/pub/irs-pdf/p501.pdf
Or Tax Topic 354: Dependents
http://www.irs.gov/taxtopics/tc354.html
You can find the 4 tests to determine if she can be considered a dependent of someone else in both of those places.
Good luck :)
2007-02-05 13:12:26 · answer #2 · answered by datette 3 · 0⤊ 1⤋
Generally, if her mother contributes to more than half of her income or a large portion of her living expenses, then she may be able to continue to deduct her as a dependent I believe even though she doesn't live at home.The possible cases are spelled out in the first few pages of the 1040 tax reporting phamphlet. One case is if she's a student. Of course the parents typically get more $ benefit by taking the deduction if they qualify for it than the children because their income is usually higher. Go to http://www.taxact.com and find the details there. Both the mother and the daughter can't claim the deduction. Only one or the other can.
2007-02-05 13:10:09 · answer #3 · answered by bobweb 7 · 0⤊ 1⤋
No, the mother can't do this. There are rules for who you can claim on your taxes, and you can't claim a person who did not live with you, or anyone who you did not financially support.
Your stepsons girlfriend should claim herself on her taxes, but she needs to be prepared for the fact that she will be audited, and so will her mother. She will have to explain the situation with her mother at that time. The IRS will disallow her mother's exemption.
2007-02-05 13:01:10 · answer #4 · answered by Lisa A 7 · 0⤊ 1⤋
If she pays her own rent and is otherwise self sufficient (not getting help from her parents) and lives on her own she sure as heck is entitled to a refund and her mother cannot claim her. Her age doesn't matter if that's the case. She may have to get an official declaration that she is self sufficient at the local courthouse however.
Sounds like a pretty crappy mom.
2007-02-05 13:09:54 · answer #5 · answered by Axcalibar 1 · 0⤊ 1⤋
The mother has every right to claim her child until she becomes 21 years old.
The child can file for a refund, but must claim (being claimed by someone else) she will not bet the deduction for self.
2007-02-05 14:30:21 · answer #6 · answered by whymewhynow 5 · 0⤊ 1⤋
yes the mother could claim her, and she can still get her refund, but her mom will get a bigger refund for claiming her. if the girl claims herself, and her mom does the same there will be a problem. here's what u do, go to hr block and just ask them the question they will tell u free of charge and in a bout 2 sec. what u can do! best of luck!
2007-02-05 13:01:18 · answer #7 · answered by Brandi N 2 · 0⤊ 1⤋
She really can't legally...the question is do you have dependents...ie do you support them and or do they live with you more than one half of the year...so no she shouldn't and if she does call the IRS and alert them, she should be able to claim herself and keep her own tax money if there is a return, the girl should file her own return and claim herself...
2007-02-05 13:01:08 · answer #8 · answered by Anonymous · 0⤊ 1⤋
No she can not claim the child because the fact that the child is no longer dependent on her. The child no longer lives with her and is on her own! She doesn't depend on her mother any more so therefore she can't claim a dependent
2007-02-05 12:58:44 · answer #9 · answered by The H 3 · 0⤊ 1⤋
the girlfriend should file reguardless of what the mother intends. The mother must prove with reciepts that she indeed has contributed to her upkeep for her to claim her daughter.
2007-02-05 13:01:07 · answer #10 · answered by prettymama 5 · 0⤊ 1⤋