Dependent/unmarried but living together?
Ok, I am trying to figure out who should claim my daughter as a dependent on the tax return. We are not married (she was born in may) We have been living together since April.. but have only been in our own place(we were at my moms for 7 months) since December. So are we each single? Is one of us a head of household? (even though when living with my mom we were NOT paying rent.. just groceries) Who gets the daycare credit? ack? I am so confused. I have always done my taxes myself in the past and really do not want to pay someone to do them for me. Also I only started working in October.. but over the course of the year our income is probably pretty close to the same. I make more $$ but didnt work from march-october. (graduating college, moving, having a baby) My boyfriend didn't claim any dependents on his paychecks but I did.. does this mean if I dont claim her I could end up owing money? Any help or links to websites that might have advice would be great! TIA Edited by: flippy1234 at: 1/20/04 4:36 pm
Hello Flippy. Since you are unmarried, the mother has legal custody and therefore claims the child as a dependant, as long as it has a social security number. If you son't, apply for one immediately and in the box where it asks for one put "applied for" in it.
You probably could get by claiming Head of Household and the day care expenses would go on your return.
At this point in your life, it's not a good idea to file as one. There could be repercussions down the road.
File single or Head of Household.
Arthur Rubin Tax Payer
Posts: 64
(1/22/04 2:38 pm)
Re: Dependent/unmarried but living together?
I'm puzzled by your reply. (I don't mind your deleting my post if you properly clarify yours.)
Assuming "Flippy" is the mother of the child, living with her mother (until December), her child, and her boyfriend.
Depending on precise amounts of support, the child could be a dependant of "flippy", or her mother, or to be decided by the appropriate allocation form; her mother could possibly apply for HoH based on her daughter as the qualifying person.
I don't know who might qualify for a dependent care credit.
I don't see what custody has to do with it -- there seems no question that the child is "flippy"'s and that she has legal custody.
Re: Dependent/unmarried but living together?
You can't assume anything. By the end of the year, she was independant and on her own. The boyfriend doesn't mean anything in this scenario. The only way the mother can claim Flippy and her child as a dependant is with Flippy's permission. I don't think she is going to give up the tax credits when they will amount to about $2,000.
Re: Dependent/unmarried but living together?
Thanks for your replies. I am sure I will figure it out. I guess what I am most confused about now is whether to file as single or head-of-household. Is there any reason why my boyfriend(daughters father) shouldn't claim our daughter and I should? Or would it work out the same either way. Also does it matter which one of us gets the daycare credit? Thanks so much for replying!!
Re: Dependent/unmarried but living together?
First, let me tell you what a beautiful daughter you have. I am sure that you are one proud mother.
Now personally, as a woman, I would take all the credits, if I were you. Once you start claiming certain things on your tax return and then stop, it sends up red flags. This is why I wouldn't suggest that your boyfriend take the daycare credit.
You are also not married. Does he pay child support through the courts? or are you just splitting expenses without any legalities?
Re: Dependent/unmarried but living together?
Thank you
We are living together and splitting expenses.. planning on getting married eventually, things just happened in the wrong order. lol I think I will probably end up claiming her and taking the daycare credit, thanks for a little insight into this. I appreciate all the comments!
Re: Dependent/unmarried but living together?
You're welcome. I hope I made things a little easier for you. Remember we are here if you need us.
Take good care of that precious darling.
Arthur Rubin Tax Payer
Posts: 65
(1/28/04 10:15 pm)
Re: Dependent/unmarried but living together?
I agree the boyfriend has nothing to do with it, except possibly screwing up the support test by supplying enough support of the beautiful baby that neither flippy or her mother can claim her for 2003.
Flippy cannot possibly be HoH for 2003 -- no, you're right, I'm making assumptions. Flippy is almost certainly not eligible for HoH status for 2003 because she would have had to have supplied over half of the household support of the home she was living in with her mother. Where she moved in December is irrelevant.
Both flippy and her mother meet all the requirements for taking the baby as a dependent except for the support test.
If mother provided more than 50% of the baby's total support in 2003, she gets the dependency exemption. She cannot give it away. If she declines it, noone gets it.
If Flippy provided more than 50% of the baby's total support in 2003, she gets the dependency exemption. She cannot give it away.
If neither provided more than 50% of the baby's total support in 2003, but each provides over 10%, and together they did provide over 50% of the baby's support, then they can choose who gets the dependency exemption between them. (This assumes no other close relatives (siblings or ancestors) of the mother are involved.) If they cannot agree, noone gets it.
I've dealt with this one, including one case in which there were 6 potential takers of the dependency exemption, except for the support tests. (We ended up running the figures and found the maternal grandmother provided over half the support, but it was close, and her mother and her brother, and possibly the mother's husband's parents, might have had to agree to waive the exemption.) See publication 501 and form 2120.
Much as she may be unable to afford it, I think Flippy needs a professional.
Re: Dependent/unmarried but living together?
My dear boy, I have been doing income tax returns for over thirty years and have never had a return audited. (knocks on wood). I have also done corporate taxes for many corporations that I have worked for and have had as clients. This has been my job for many years. I have an accounting degree from Pace Universtity with emphasis on Federal Income Tax and International Tax Law. I think this qualifies as a "professional".
I have told you over and over that you jump to assumptions without asking questions. All you do is throw out publication numbers without truly understanding what tax law really is. You come off with an attitude like you know everything and yet you understand very little. All you do is confuse people and give them information that they don't want.
I will remind you again that this is my board. It is a legal information board that I am responsible for. You are not an Admin or a Moderator here, so you have no real say.
I wish you would keep your insults to a minimum.
Arthur Rubin Tax Payer
Posts: 65
(1/29/04 7:52 pm)
Re: Dependent/unmarried but living together?
I am keeping my insults to a minimum. You may recall my replies to the tax protester here a year or two back.
Do you want code and regulation sections to support my claims as to the support test for dependency exemptions?
For the head of household -- see the last paragraph (unnumbered on law.cornell.edu) of 26 USC 2(b)(1)
Quote:For purposes of this paragraph, an individual shall be considered as maintaining a household only if over half of the cost of maintaining the household during the taxable year is furnished by such individual.
For dependency exemptions, try 26 USC 152, although not having looked closely for the definition of "daughter" for the purpose of (a)(1), it's possible that the boyfriend does qualify as a potential dependency exemption holder.
Re: Dependent/unmarried but living together?
wow! Didnt mean to start a debate here... You have brought up something I never even thought of. My mom qualifying to claim my daughter(her grandaughter) as a dependent?? I would not think this is the case though.. I am pretty sure now that it would be my boyfriend that should claim her. He bought her diapers... clothes...toys etc. All my mom did was put a roof over our heads.. we paid for all our own groceries and even split utility bills with her. When Aspyn(my daughter) started daycare thats when I took over at least 75% of the cost of her care.. BUT that was only for the last 3 months of the year.. from May(when she was born)-Oct. 5 months, Kris(dad) was paying 100%(minus rent) of her expenses..
Oh and I emailed the IRS this same question and all they did was link me to a bunch of publications that I've already read..yea thanks alot.lol
ug, I hate taxes. I really appreciate your help.. I'm thinking of hiring a professional.. just dont want to spend the money
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