So me and my ex are not together and my son stays with her and i get him 3 days a week. Well she has no job and the people she lives with are not related to my son. Last year she just had her mother do it(whom my son did not even live with)
Is it true that you switch every year on who claims the child? Also I was thinking if I was to do it, I would have my mother file because I only have been working for a month this year(im on ssd).
Can me or my mom get into trouble for doing this? I mean I heard that if your not related to the child you can't even claim him anyways..Oh and I asked her a few months ago and she said she will think about it but she plays game and I doubt she will sign any type of form. So I was thinking of just doing it anyways and telling her. Tips?
2007-12-12 16:39:12 · 4 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
Depends I guess on what you mean by getting in trouble. If she won't sign the form allowing you to claim him, then you are not allowed to claim him, and if you do and get caught, then you'd have to pay back whatever savings you got by claiming him, plus interest and possible penalties. And if you also illegally claimed EIC, you'd be banned from claiming it for as much as 10 years in the future.
Your mom is in the same situation as you are - since your son doesn't live with her for over half the year, she isn't allowed to claim him either.
If one of you claims him, and someone else does also, whether that someone else can legally claim him or not, you have 100% chance of getting caught. It might take them a year or even more to notify you - but during that time the interest and penalties can really add up!
If the other person who claims him is also not allowed to legally, then they'll have the same results - paying back what they got, plus interest and penalties.
2007-12-13 08:56:32 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
Since you are not going to file a tax return, you won't get into trouble regardless of who claims your child. Your mother cannot claim the child from the information you have provided. You cannot "give" your mother the tax exemption for the child if the child does not qualify as her dependent.
Your mother can get into quite a bit of trouble if she claims the child fraudulently, especially if she claims credits for the child such as the Earned Income Credit.
My tip is to leave this issue alone as there is no benefit in it for you.
2007-12-13 01:07:37 · answer #2 · answered by ninasgramma 7 · 1⤊ 0⤋
If the mother has the child more than 183 days a year, you are going to need a signed IRS Form 8332 before you claim the exemption for him. If she has no job, there is no tax benefit for her so it would be in her best interest to let you take the exemption. You could offer to pay her part of your tax savings as an inducement.
2007-12-13 00:43:53 · answer #3 · answered by Anonymous · 1⤊ 1⤋
When you divorced, you two made an agreement on how the child was going to be handled. The tax issue should have been a part of that agreement. You might want to consult with your attorney and double-check on this. There is no set rule. It ultimately comes down to what you and your ex agree on. You would be wise to make certain you have all this in writing before you do anything. Job or no job, if she worked a single day all year and files a tax return and puts the kid on it and you do, too, there is going to be trouble. Odds are you'll lose that battle, too, if she has primary custody of the kid. Best discuss this with an attorney before you proceed. Good luck!
2007-12-13 00:49:10 · answer #4 · answered by Mr. Taco 7 · 0⤊ 3⤋