loan,banking and credit
*Loan,banking and credit>>>child tax

Can my father and law claim my child on his taxes?


My father in law claimed my daughter on his income taxes for the entire year of 2006. He has custody of her until the final court ruling since October 13th of 2006. Yet he filed for the entire Earned Income Credit and the dependant. I contacted the agent that he filed with and they told me that they could not tell me this info. They said I had to wait until I filed my taxes for last year and then the IRS would withhold MY income tax refund until a full investigation. Meanwhile, he has already gotten the refund for her.

Did the following hold for you and the other parent of your child:

1. You and the other parent (either together or separate) lived with the child for more than 6 months in 2006.

2. You and the other parent (either together or separate) paid over half the costs of supporting the child.

If the answer to either question is no, then you cannot claim the child on your return. If the father-in-law lived with the child for more than six months, he may be able to claim the child.

If the answer to both questions is yes, then if you lived with your child for more than half the year, and longer than the other parent lived with the child, you have priority to claim the exemption.

If you have a priority claim on the exemption, file your return with the child. File electronically, and you return will be rejected. Then file that same rejected return as a paper return with a cover letter explaining that you are entitled to the exemption. Attach documentation to prove that the child lived with you and that you are the parent. The IRS will investigate your claim and make a determination.
if he support her or if she lived in his home---yes...

if he has custody based on a court order-he surely has legal right to do so ...

you too may have a portion of 2006 you can claim her as dependent. tax laws are varied...
he supported her almost all of the year. the IRS will give him the both credits. your out of luck. being the mother of her does not count for tax purposes if she lived with him almost all year and he supported her almost all year. you must provide more than half the support for her. they don't split it.
Since he had custody of her for more than half the year, then he probably can. You would not be able to claim her unless she lived with you more than half the year. If you all lived together, then you might still be able to claim her.

If he can claim her, then she would be his qualifying child for the Earned Income Credit. EIC is for the entire year - you can't take a partial EIC.

What he did sounds legal, and unless you and the child lived together for more than half the year, you are not allowed to claim her even though you are her parent.
Tags
tax year income tax business tax car tax child tax cigarette tax corporate tax estate tax import tax inheritance tax
Related information
  • Can my father and law claim my child on his taxes?
  • Can i go on-line to get children and family tax credit forms and would it be quicker get received the award?
  • In my divorce papers i claim the child on my taxes my ex claimed him what can i do?
  • If you are divorce and share the child, can you 'claim' the child in your taxes, every other year? legally?
  • In a maryland divorce who gets to claim children on their tax return is it whoever pays more than 50%?
  • If a parent is paying court order child support can he claim that child on his taxes ?
  • How does transfer of property from parent to child affect us- taxes, credit, etc?
  • Can you file your sister child on your taxes because you all stay in the house with your mother, who rents?
    •    

    SiteMap--Copyright/IP Policy--Contact Webmaster
    For personal non-commercial use only.