i have heard about a tie breaker rule. how can I put it in effect. what do I have to do this year that would allow me to still claim my child as my dependent and quailfy for my earned income credit
2007-02-13 07:59:36 · 8 answers · asked by Derrick W 1 in Business & Finance ➔ Taxes ➔ United States
Fill out the return with your son on the return. Now, you will need to mail in your return to the IRS. When they see your son's SSN on your return they will apply the tiebreaker rules to both returns. They will then give you the refund you are entitled to and go after the father if they gave him too much.
2007-02-13 08:10:02 · answer #1 · answered by R Worth 4 · 2⤊ 0⤋
Who does the child live with? If he lives with you, then you can claim him and get the exemption, unless there's something in a written court document like a divorce decree or support order saying that he can claim him, or you gave him written permission for the year.
On tie-breaker rules, the first one is that if one person is the parent and the other isn't, the parent gets the exemption. The second tie-breaker rule is that the exemption goes to the person the child lived with for the longer period of time during the tax year.
2007-02-13 17:47:04 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
If you don't have any court documents saying he can claim your son and you never signed over the rights to the father, you can claim him. As the son would not meet the residency or support test to qualify as the father's dependent.
However, even if the father has court documents saying he can claim him, you're still eligible to claim your son for the EIC.
You can file your return and claim your son for both the dependency exemption, child tax credit & Additional Child Tax Credit, and the EIC. The IRS will send out letters to all parties who claimed the same depedent. You will just have to provide proof that you can claim your son as a dependent.
And paying child support does not count as support. He should be doing that anyway.
2007-02-13 16:56:52 · answer #3 · answered by Celeste 6 · 0⤊ 1⤋
Do your taxes claim your son, each one of you (you and the father) is going to receive a letter from the IRS, asking for proof of support and to amend your return since you are the one with the custody and he lives with you then you can resolve the problem, and the father of the child will be ask to return the money
2007-02-13 16:20:29 · answer #4 · answered by Nita 2 · 1⤊ 0⤋
Call the IRS and explain the problem to them. They will have the best answers.
2007-02-13 16:09:49 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Contact the IRS, and inform them of this. If he is claiming and not supporting, he is in violation, and can be prosecuted...
2007-02-13 16:06:54 · answer #6 · answered by Anonymous · 1⤊ 2⤋
Call the IRS and turn the Bum in
2007-02-13 16:11:08 · answer #7 · answered by goalaska 4 · 0⤊ 1⤋
he can claim them as a dependent and u can claim them for the eic
2007-02-13 16:08:06 · answer #8 · answered by Rox 4 · 0⤊ 4⤋