She says she can do this because (she claims) the child stays with her 25% of the time (does visiting on the weekends count) because she feels like she should get money back for helping him with the children from time to time
2007-04-13 07:32:15 · 7 answers · asked by some B 2 in Business & Finance ➔ Taxes ➔ United States
Your fiance's mom is wrong. If she does what she says she's going to, the IRS will contact her and explain that to her when they tell her she needs to pay back any money she got from claiming him, plus interest and possibly penalties.
A dependent can only be claimed on one return - and if the child is only with her 25% (or anything less than half) of the time, she's not the one who can claim him.
It might be fair to expect him to give her something for helping with the kids, but she doesn't have it coming from the IRS.
2007-04-13 07:38:18 · answer #1 · answered by Judy 7 · 1⤊ 0⤋
Sorry, a dependent can be claimed on only one tax return (which is why the IRS requests the child's social security number). The main tests are did the child live with you, is the child your natural child (or adopted child), did you provide more than half of the child's support, is the child under 19 at the end of the tax year (24 if a full-time student; any age if the child is permanently and totally disabled); is the child a U.S. citizen, U.S. national or U.S. resident alien or a resident of Canada or Mexico. This child can, under certain condtions, be a tax-filer's grandchild, niece, nephew or other.
If all the conditions are met, a person can claim that child as a dependent on a 1040, 1040A or other forms, but ONLY ONE person can claim another as a dependent.
So, no, your fiance's mother could not claim the child as well as your finace.
2007-04-13 14:47:08 · answer #2 · answered by Nothingusefullearnedinschool 7 · 1⤊ 0⤋
It is not legal for two people to claim the same person on their income tax returns. If you do the IRS is gonna put you into the big house for a long spell.
2007-04-13 14:37:39 · answer #3 · answered by roy40371 4 · 0⤊ 1⤋
Your fiance's mom should be smoking something...
2007-04-13 14:43:09 · answer #4 · answered by cowtown_boy 1 · 0⤊ 0⤋
No/ my daughter works is employed. Since we claim her// she can't even claim herself!!!!
2007-04-13 16:03:44 · answer #5 · answered by Paige 4 · 0⤊ 1⤋
she can if she wants to go to jail for tax fraud...
2007-04-13 14:40:22 · answer #6 · answered by ButterfliKissus 2 · 0⤊ 0⤋
no
2007-04-13 14:35:37 · answer #7 · answered by carly sue 5 · 0⤊ 0⤋