I have temp guardianship of my neice and nephew since Sept 10, and will get full guardianship on Dec 6. Am I able to claim them on my taxes this year if I am sole guardian paying for all their expenses?
2007-11-25 17:12:28 · 13 answers · asked by Baby Evan is due May 18th! 5 in Business & Finance ➔ Taxes ➔ United States
Sept 10 2007..
and I live in California
2007-11-25 17:16:58 · update #1
Its supposed to be that you can claim them if you provide more than %50 welfare over the whole year, so not this year, but next year you could.
(If you have them for 4 months out of the year, that's %30 over the whole year...)
It does NOT go by state, USA uses a FEDERAL Income Tax System, and all states abide by the same FEDERAL laws.
(the only stipulation to this would be if you were providing for them FINANCIALLY even if they were not living with you over %50 of 2007.)
The best thing would be too call the IRS tommorow morning and ask a representative, they will talk to you about the laws for free on the phone, to confirm what I have said.
(Its really suprising too me how many people are sitting here giving you bogus information. They apparently know nothing about the Tax Laws. Geez, I'm only giving anwsers to things I know about, not ramdom guesses or opinions.)
And then vote me best anwser :D
Good luck with the little ones
2007-11-25 17:17:07 · answer #1 · answered by Anonymous · 1⤊ 2⤋
One of the key tests for claiming them as your dependent under the Qualifying Child rule is that they must live in your household for more than half of the year. The dates of the guardianship don't really matter in this case; the date that they became part of your household does. If they became household members on Sept 10 then you do not meet the time test and cannot claim them as dependents for 2007.
It MAY be possible to claim them under the Qualifying Relative Rule with a Multiple Support Declaration assuming that you provided more than 10% of their total support for the year AND have a signed statement from the parents authorizing you to claim them as your dependents. If this is the case, file Form 2120 with your tax return and retain the signed statements from the parents with your permanent tax records.
2007-11-25 22:17:57 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
If depends upon if you provided support or not. Here are the requirements:
1. The person cannot be your qualifying child or the qualifying child of anyone else.
2. The person either (a) must be related to you, or (b) must live with you all year as a member of your household.
3. The person's gross income for the year must be less than $3,400.
4. You must provide more than half of the person's total support for the year.
5. You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer.
6. You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns.
2007-11-25 17:33:21 · answer #3 · answered by MukatA 6 · 0⤊ 0⤋
In order to claim them as a qualifying child, you have to show how you met all the rules, including:
1. Relationship (presumably met).
2. Age (presumably met).
3. Residency (6 months or more with you),
4. Support (this means child did not support themself)
5. Special test for qualifying child of more than one person.
How long have they lived with you? You need more than 6 months during the year to meet test 3.
Even if you meet test 3, where else did the children live? Can someone else meet the tests as well? (If a parent can, they would win any tiebreaker for claiming the child on their taxes.)
If the child doesn't qualify *anyone* on the above tests then, we look at qualifying relative.
To meet this test you would have to also show that each child made less than $3400 of income and that YOU provided more than half of their total support.
2007-11-25 17:32:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That is a good question. The instructions for form 1040 would make me believe the answer to be no. In general, the child would have had to live with you more then 6 months not have an income of more than $3400.00 and can not be some else's claimable dependent. Here is the link to the form start on page 6 and then skip to page 14-17
2007-11-25 17:28:38 · answer #5 · answered by gator_ce 5 · 0⤊ 1⤋
You can only claim them if they lived with you for over half the year. If they didn't move in with you until September, then no you can't. If they lived with you before that, for a total of more than half of 2007, you probably can unless one of their parents also lived with them for over half the year and wants to claim them.
You sure have gotten a lot of wrong answers here - not unusual, unfortunately, for people who don't know about taxes to express their opinions as facts.
2007-11-25 17:29:41 · answer #6 · answered by Judy 7 · 0⤊ 0⤋
No one can ever predict what a judge will decide, but it sounds like you have a good case. Get a lawyer and get ready to fight. Nothing important is ever gained without taking some kind of risk. This is your daughter we're talking about. Don't let the money intimidate you. If she's not worth risking money on, who or what is?
2016-05-25 23:34:52 · answer #7 · answered by ? 3 · 0⤊ 0⤋
I think they may depend on state? Not sure, but I know here in Texas, if someone under 18 has lived with you for 6 months or more, you can claim them. As long as no one else can or does.
2007-11-25 17:16:16 · answer #8 · answered by MomOfThreeBoys 3 · 1⤊ 1⤋
Yes. As long as you receive full guardianship before Dec 31st.
2007-11-25 17:16:20 · answer #9 · answered by dizzkat 7 · 0⤊ 3⤋
I believe the rules are that they must be in your house for at least 6 mos and if you are head of household then yes.
2007-11-25 17:16:58 · answer #10 · answered by notaknowitall 2 · 1⤊ 1⤋