i'm a bit confused about a few things concerning taxes. this year will be the first year that i can claim my child and i am wondering what i am eligable for ect. first off i am married but my husband and i have not lived together since two days after being married because of events that caused a protection order to be put on him due to domestic violence. we have not been to court to settle anything reguarding our child as of yet. there is no court order on child support or custody and he does not come to see our child and very very rarely has made any efforts to help me out with money. i live with my mother and father and last year my father claimed my child on his taxes. however, this month i have begun working and claimed my child myself seeing that he lives with me and not his father (he has never stayed with his father) what i am wondering is will i get a refund on my taxes with having my son as a dependent? i have heard of something called eic (?) but would i be able to get that ?
2007-09-12 18:14:11 · 6 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
yes if you are claiming a dependant you can get an eic....in order for someone to be able to claim a child. the child has to live in the home for at least 6 months out of that year...
2007-09-12 18:23:33 · answer #1 · answered by Anonymous · 0⤊ 1⤋
You'll file your return as married filing separately, but will be able to claim your son as a dependent. Since you are living with your parents, you would not be able to file as head of household unless YOU are paying over half of the cost of maintaining the household, which you probably aren't. If you get a divorce or a decree of legal separation before the end of the year, you'd be able to file as single.
You'll get a $3400 exemption for your son, which means that much will be subtracted from your income before taxes are calculated. Then if you owe any taxes, up to $1000 will be subtracted from those for something called the child tax credit - if your total tax is under $1000, the CTC will reduce it to zero.
You aren't eligible for EIC if your filing status is married filing separately. If you are divorced or legally separated (not just living apart) by the end of the year so you could file as single, then yes you would be eligible for EIC (earned income credit) - the amount depends on how much you make for the year.
Good luck. Sounds like you could use some.....
2007-09-13 18:20:35 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
From your circumstances you may be able to claim Head of Household filing status. The main thing is though that to claim this status your husband cannot have lived with you at all past June 30 of any tax year.
Special Rule for Separated Parents
Married taxpayers who are separated or estranged from their spouse may be able to file as Head of Household, even though they are not legally separated or divorced. Taxpayers who meet all five criteria below may file as HOH instead of the less favorable married filing separately status. You file a separate return.
You paid more than half the cost of keeping up your home for the tax year.
Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.
Your home was the main home of your child, stepchild, or eligible foster child for more than half the year.
You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rules for children of divorced or separated parents. (From the Head of Household section of IRS Publication 501.)
If your income is low enough and you can claim yourself and your child you are eligible for the EIC (Earned Income Credit). You can also claim it even with no children, and also with 2 or more children (there are different income levels and credit levels for having 0, 1, and 2 or more children). Also, if your child is under age 17 there is also a $1,000 per child child tax credit that you could also get. But this is not a refundable credit, and you have to have a tax liability to offset it against.
I have attached a link to Head of Household status
2007-09-13 02:12:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You are still married, so your potential filing statuses are married filing jointly, married filing separately, and head of household.
You are allowed to file a joint return with your spouse. I assume this is not an option for you.
If you live with your parents and they maintain the home, you are not allowed to file as "Head of Household." If you live for example in a separate apartment at your parents' house, and pay the bills for that apartment and buy the food, then you could be "Head of Household." I assume this is not the case.
This leaves you with the only option of filing as "Married Filing Separately."
As long as you live with your child and he does not support himself, you can claim your child. However, since you are filing "Married Filing Separately" you will not be eligible for the Earned Income Credit. You do qualify for the Child Tax Credit and Additional Child Tax Credit. This may reduce your taxes or give you an additional refund of at most $1,000.
Although you have first claim on your child's exemption, your father could also claim the child, and this may result in more money for the family.
2007-09-12 19:34:59 · answer #4 · answered by ninasgramma 7 · 1⤊ 1⤋
EIC = earned income credit.
If you are still married you will need to file jointly OR "married filing seperatly ". Married Filing Seperatly sadly puts you in a higher tax bracket and your refund will be smaller.
If you are able to get divorced before 12/31 you could file under status Single or Head of household. In the divorce decree it will state how the tax deduction or exemption for your child will be handled. (who gets to claim the baby on the taxes).
Last , the protection order is not an item considered by the IRS.
2007-09-12 18:23:37 · answer #5 · answered by greybeads 3 · 0⤊ 2⤋
Piece of cake! Since you do not live together you have nothing to worry about. File the return and claim your son. You will file "Married NOT filing jointly" (its an option on the tax return). in this manner, you will be including only YOUR income. Putting your son on the tax form as a dependent will allow you to get the Child Tax Credit ($500 I think) and the Earned Income Credit ($1500 per child). You should be looking at an easy $3,000 for a tax return this year. I got roughly $2500 back, claiming myself and my daughter, and making only $12k a year. You should have a nice check this year! PS.- Your father was smart to claim your son on his taxes last year! Good job!
2007-09-12 18:24:51 · answer #6 · answered by rmkenterprise 3 · 0⤊ 4⤋