can I claim my wife and 2 stepchildren if we have been seperated since last May?
2007-04-16 09:42:41 · 6 answers · asked by Kevin T 1 in Business & Finance ➔ Taxes ➔ United States
Probably not. If you file a joint return, which you could probably do if you're still legally married, you could claim the kids, and you'd get at exemption for yourself and for your wife.
If you're the custodial parent, you could claim the kids. Stepchildren are treated the same as biological children for tax purposes. If they live with your wife, then SHE can claim them. You can't both claim them on your separate returns. And if you're not filing a joint return, then she'll take her own exemption, you can't.
Pay no attention to the people above who say yes, you can claim them. It might be what you want to hear, but will just get you in trouble.
2007-04-16 12:55:20 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
This will depending on whether your wife has filed her own return and whether she has claimed the 2 children.
If she filed and claimed the children, then IRS is most likely to reject your claim. You can challenge her claim with IRS. However whoever lived with the children longer in 2006 will win when IRS applies tiebreaker rules.
It is best if you talk to her and find out what she did for her tax return before filing yours.
Best wishes.
2007-04-16 17:07:16 · answer #2 · answered by JQT 6 · 0⤊ 1⤋
That depends. If you file a joint return then you will claim the children on the joint return.
If you file separate returns, the custodial parent gets the exemptions for children. If they lived with your estranged spouse for more than half of the year, you cannot claim them unless she grants you the right to claim them in writing and you attach that to your return.
2007-04-16 17:05:54 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
If they are still your legal dependents, yes. Be certain that she does not attempt to claim them herself.
If your are separated, but not divorced, there may still be a basis for filing a joint return but you'll both have to sign the form. The answer to the question bears entirely upon whether or not they are still your legal dependents.
2007-04-16 16:50:10 · answer #4 · answered by pjallittle 6 · 0⤊ 3⤋
Depends on how she files as to her, no as to stepchildren.
2007-04-16 16:56:01 · answer #5 · answered by Anonymous · 0⤊ 3⤋
Did you pay for the majority of their support during 2006? If yes, than yes.
2007-04-16 16:53:07 · answer #6 · answered by NoahTall 4 · 0⤊ 3⤋