I paid daycare expenses for my son last year. I am letting his father claim him as a dependant, BUT I claimed his daycare expenses (only)... is this legal? I was able to do so on TaxCut. My son's father and I aren't married, my son's father had his taxes done by H&RBlock and was told I can't claim daycare expenses (I PAID!!) if I do not claim him. Please help.
2007-04-11 04:39:53 · 3 answers · asked by Ran 1 in Business & Finance ➔ Taxes ➔ United States
H&R is wrong
This is what it says in IRS instructions for form 2441.
Special rule for children of divorced or separated parents.
Even if you cannot claim your child as a dependent, he or she is treated as your qualifying person if: (#2) you were the child's custodial parent.(the parent with whom the child live the greater part of 2006)
look at middle of page one of link attached
2007-04-11 04:59:53 · answer #1 · answered by Jo Blo 6 · 0⤊ 0⤋
If you're the custodial parent, you could still claim the child care expenses even if the other parent claims the child as a dependent. Parents who were never married follow the rules for children of divorced or separated parents. See page 207 of IRS Publication 17 for confirmation of the above.
H&R Block isn't necessarily the best source for tax advice except for very basic situations.
2007-04-11 12:29:31 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
Yes, if the only reason you didn't claim your son is because the non custodial parent claim him. The preparer at H&R Block is misinformed.
2007-04-12 02:00:50 · answer #3 · answered by Amy F 3 · 0⤊ 0⤋