Comments on: IRS Questions regarding Dependents http://www.irsquestions.org/irs-questions-regarding-dependents IRS Questions and Answers. We'll lookup your IRS Tax Questions and Post Your Tax Question Answers FREE! Tue, 18 Jan 2011 20:53:07 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: admin http://www.irsquestions.org/irs-questions-regarding-dependents#comment-325 admin Sat, 23 Jan 2010 20:26:54 +0000 http://www.irsquestions.org/?p=33#comment-325 Hi Jo Anne, First of all I understand your pain this must be causing you. I have a niece that ran away in a very simular situation just a few months ago in New Mexico. In her case there was a girl friend of the father that aided her. She's back now but it was almost a kidnap we were so scared. Back to your question, these people can not legaly claim her unless they were awarded some type of guardianship / adoption / legal responsibily for her. Keep in mind several tests need to be met. In your case the Relationship Test fails for the other people. The IRS has this to say about the "tests to be a qualifying child" and "Test to be a qualifying relative Relationship Test" To meet this test, a child must be: Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them, or Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them. Adopted child. An adopted child is always treated as your own child. The term “adopted child” includes a child who was <strong>lawfully placed with you for legal adoption</strong>. Foster child. A foster child is an individual who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. This information is found at: http://www.irs.gov/publications/p501/ar02.html#en_US_publink1000220886 Hi Jo Anne,

First of all I understand your pain this must be causing you. I have a niece that ran away in a very simular situation just a few months ago in New Mexico. In her case there was a girl friend of the father that aided her. She’s back now but it was almost a kidnap we were so scared.

Back to your question, these people can not legaly claim her unless they were awarded some type of guardianship / adoption / legal responsibily for her.

Keep in mind several tests need to be met. In your case the Relationship Test fails for the other people.

The IRS has this to say about the “tests to be a qualifying child” and “Test to be a qualifying relative Relationship Test”

To meet this test, a child must be:

Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them, or

Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them.

Adopted child. An adopted child is always treated as your own child. The term “adopted child” includes a child who was lawfully placed with you for legal adoption.

Foster child. A foster child is an individual who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.

This information is found at:
http://www.irs.gov/publications/p501/ar02.html#en_US_publink1000220886

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]]> By: admin http://www.irsquestions.org/irs-questions-regarding-dependents#comment-324 admin Sat, 23 Jan 2010 20:00:32 +0000 http://www.irsquestions.org/?p=33#comment-324 Hello Kathy, I'm sorry but your fiance does not meet the requirements to claim your children as dependents (qualifying child). The IRS has specific tests to determine if the children are "Qualifying Child". The list below shows because the both of you are not married, or the children are not legaly placed under his care he has not authority. The IRS States the definition below: Qualifying Child There are six tests that must be met for a child to be your qualifying child. The six tests are: Relationship, Age, Residency, Support, Joint return, and Special test for qualifying child of more than one person. This link below is from the IRS Website: http://www.irs.gov/publications/p501/ar02.html#en_US_publink1000220897 If you two marry then he could claim them next year. Good Luck Hello Kathy,

I’m sorry but your fiance does not meet the requirements to claim your children as dependents (qualifying child).
The IRS has specific tests to determine if the children are “Qualifying Child”. The list below shows because the both of you are not married, or the children are not legaly placed under his care he has not authority.

The IRS States the definition below:

Qualifying Child
There are six tests that must be met for a child to be your qualifying child. The six tests are:

Relationship,
Age,
Residency,
Support,
Joint return, and
Special test for qualifying child of more than one person.

This link below is from the IRS Website:
http://www.irs.gov/publications/p501/ar02.html#en_US_publink1000220897

If you two marry then he could claim them next year.
Good Luck

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]]> By: admin http://www.irsquestions.org/irs-questions-regarding-dependents#comment-323 admin Sat, 23 Jan 2010 19:37:56 +0000 http://www.irsquestions.org/?p=33#comment-323 Terry, The IRS states that in order to claim a dependent that they must be living with you for 6 months or more. Since you had custody for more than 6 months then they were your dependents for more than 6 months. Per this qualification you can claim them on your taxes. Terry,

The IRS states that in order to claim a dependent that they must be living with you for 6 months or more. Since you had custody for more than 6 months then they were your dependents for more than 6 months. Per this qualification you can claim them on your taxes.

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]]> By: danielle carberry http://www.irsquestions.org/irs-questions-regarding-dependents#comment-320 danielle carberry Sat, 23 Jan 2010 00:48:56 +0000 http://www.irsquestions.org/?p=33#comment-320 my mother lived with me all of 2009. she received her disability and back pay after june of 2009. can i claim her as a dependant for 2009 and do we have to count her back pay and monthly check?

my mother lived with me all of 2009. she received her disability and back pay after june of 2009. can i claim her as a dependant for 2009 and do we have to count her back pay and monthly check?

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]]> By: Jerome McGovern http://www.irsquestions.org/irs-questions-regarding-dependents#comment-311 Jerome McGovern Thu, 21 Jan 2010 11:43:53 +0000 http://www.irsquestions.org/?p=33#comment-311 My daughter is 28 and works part time making minimum wage. She lives with me and I provide all her living and food expenses. Am I able to claim her on my taxes as a dependant? Is she also able to file a return?

My daughter is 28 and works part time making minimum wage. She lives with me and I provide all her living and food expenses. Am I able to claim her on my taxes as a dependant? Is she also able to file a return?

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]]> By: terry wade http://www.irsquestions.org/irs-questions-regarding-dependents#comment-301 terry wade Fri, 15 Jan 2010 17:17:40 +0000 http://www.irsquestions.org/?p=33#comment-301 we have had custody of our grand kids though the court we have claimed them the past four years we have had them in 2009 1/1/2009-8/12/2009 and their father has taken recustody can we claim the kids for 2009 we have had custody of our grand kids though the court we have claimed them the past four years we have had them in 2009 1/1/2009-8/12/2009 and their father has taken recustody can we claim the kids for 2009

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]]> By: kathy http://www.irsquestions.org/irs-questions-regarding-dependents#comment-293 kathy Tue, 12 Jan 2010 11:58:44 +0000 http://www.irsquestions.org/?p=33#comment-293 Please, my children (from former marriage), and I live with my fiance, my ex does not pay any child support and I do not work. My fiance is the sole supporter of my children, can he claim my children and myself? Since we are not legally related, I'm not sure how this would work.

Please, my children (from former marriage), and I live with my fiance, my ex does not pay any child support and I do not work. My fiance is the sole supporter of my children, can he claim my children and myself? Since we are not legally related, I’m not sure how this would work.

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]]> By: Rich http://www.irsquestions.org/irs-questions-regarding-dependents#comment-289 Rich Fri, 08 Jan 2010 18:20:15 +0000 http://www.irsquestions.org/?p=33#comment-289 my Mother in law has been living with me and my wife in an extra room for most of the past year she does have a home in florida. Mother in law is on Social Security but contributes nothing to our household my question is can I claim her as a dependant on my return I am sure she doesn't file anything and does that have an effect on her Social Security?

my Mother in law has been living with me and my wife in an extra room for most of the past year she does have a home in florida. Mother in law is on Social Security but contributes nothing to our household my question is can I claim her as a dependant on my return I am sure she doesn’t file anything and does that have an effect on her Social Security?

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]]> By: Vicki http://www.irsquestions.org/irs-questions-regarding-dependents#comment-279 Vicki Mon, 28 Dec 2009 12:56:04 +0000 http://www.irsquestions.org/?p=33#comment-279 My x husband and I both claimed our youngest son this past year, only to get a letter from the IRS that one of us cannot claim him, all of our boys live with me full time, but the divorce decree says that he can claim them with a "contingency" that he pays his child support. I talked to the IRS about this, and if it says the words "that he can claim them with a contingency, as long as he is up to date on his support" in your divorce decree its null and void, the parent with whom the children live with full time gets the right to claim them. The IRS does not recognize the decree if it states that in it. I have joint custody, but that doesnt mean he ever sees them, only 14 days out of this year so far, and he doesnt do anything for them, it all comes out of my pocket. So I am thankful that the IRS doesnt recognize a contingency, to help me out, he is now behind on support, but even so he still cant claim them, because of the wording, and I am so needing that break, I am the custodial parent, I wish I had known that 3 yrs ago. So for all you single moms out there, where the father is not in the picture, or doesnt help past having his wages garnished like my x...I hope this helps. My x husband and I both claimed our youngest son this past year, only to get a letter from the IRS that one of us cannot claim him, all of our boys live with me full time, but the divorce decree says that he can claim them with a “contingency” that he pays his child support. I talked to the IRS about this, and if it says the words “that he can claim them with a contingency, as long as he is up to date on his support” in your divorce decree its null and void, the parent with whom the children live with full time gets the right to claim them. The IRS does not recognize the decree if it states that in it. I have joint custody, but that doesnt mean he ever sees them, only 14 days out of this year so far, and he doesnt do anything for them, it all comes out of my pocket. So I am thankful that the IRS doesnt recognize a contingency, to help me out, he is now behind on support, but even so he still cant claim them, because of the wording, and I am so needing that break, I am the custodial parent, I wish I had known that 3 yrs ago. So for all you single moms out there, where the father is not in the picture, or doesnt help past having his wages garnished like my x…I hope this helps.

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]]> By: Jo Anne http://www.irsquestions.org/irs-questions-regarding-dependents#comment-267 Jo Anne Sun, 13 Dec 2009 22:47:14 +0000 http://www.irsquestions.org/?p=33#comment-267 OK - this one is little tricky - I have read through the pubs, and cannot find reference to it. Our daughter ran away from home. We knew where she was and knew she was in relatively little danger, but did file two separate run away reports on her. Since she was a legal dependent we claimed her on our return. We kept her on our medical insurance. We have recieved notice from the IRS that someone else claimed her also. Who has the right to claim her? OK – this one is little tricky – I have read through the pubs, and cannot find reference to it.
Our daughter ran away from home. We knew where she was and knew she was in relatively little danger, but did file two separate run away reports on her. Since she was a legal dependent we claimed her on our return. We kept her on our medical insurance.
We have recieved notice from the IRS that someone else claimed her also.
Who has the right to claim her?

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