We have joint custody,physical custody to me. His acct told him to claim the child and have me claim the daycare expense. Is this legal?I do not believe I can claim the expense.Please help.We both work full-time.I provide more than 50% support for both kids.
2007-02-10 00:37:23 · 5 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
Yes, possibly. For tax purposes, the custodial parent is the one defined by the IRS as the one who has physical custody of the child for more than half of the tax year. If you are the custodial parent and you are signing over permission to your husband to claim the child as a dependent or are abiding by a judge's decree for him to claim them as dependents then according to the IRS rules for divorced or separated parents, you as the custodial parent can claim any of the following four tax benefits based on those children you are not claiming as dependents:
1. Head of Household filing status
2. Earned Income Tax Credit
3. Child & Dependent Care Credit
4. Dependent Care Benefits Exclusion
This is assuming of course that the custodial parent already pre-qualifies for these benefits.
The non-custodial parent who is able to claim the dependency exemption can only claim the child tax credit based on that child providing that they already pre-qualify for the credit.
2007-02-10 11:28:01 · answer #1 · answered by Mr. Zimmer 3 · 0⤊ 0⤋
The IRS would desire to have sent you a letter inquiring for evidence which you paid the expenditures. they might desire to have additionally sent your x-husband a similar letter. the guy who can coach they paid the expenditures gets the credit. in case you report an amended return (1040X), confirm to contain a letter explaining why you're submitting the amended return, the circumstances, and a photocopy of the reciept the new child care service provided you. you additionally can report him for tax fraud. in case you think or comprehend of somebody or corporation that's no longer complying with the tax rules, you would be able to report this interest via winding up style 3949-A. you would be able to fill out style 3949-A on line, print it and mail it to: inner gross sales service Fresno, CA 93888
2016-11-03 01:41:00 · answer #2 · answered by ? 4 · 0⤊ 0⤋
He needs to find himself a new accountant. In order to claim the child and dependent care credit for expenses paid for childcare, that child has to be the taxpayer's dependent. If you are not claiming the child as your dependent, you cannot claim the childcare credit.
2007-02-10 01:03:02 · answer #3 · answered by jseah114 6 · 0⤊ 1⤋
Yes you can. See IRS Publication 17 page 207, special rules for divorced and separated parents. You can download it at irs.gov
2007-02-10 03:32:25 · answer #4 · answered by Judy 7 · 1⤊ 0⤋
The parent who has the child living with them should be claiming both , his mistake.
2007-02-10 00:40:53 · answer #5 · answered by Anonymous · 0⤊ 1⤋