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Who should claim the baby on income taxes? |
My boyfriend and I have 1 baby together. I also have 2 older children of my own. For 2005 my boyfriend of 4 years lived with me for about 9 months. During that time i was out of work as I was on Maternity leave and I also took paid time off to breastfeed totalling 3 months. I still got disability checks but he helped out a lot with all 3 kids, his share of bills, half the rent and assistance with summer camp. We're not together and he lives at home with his mother. I offered to claim all 3 and to give him a percentage, but he feels entitled to claim the baby 100% because he needs a new car and I should only claim my two older children and we split nothing. Who is right/wrong? How so? The correct answer would be who paid more than 50 percent of the suppurt of the child. However, FYI, the maximum number of kids for the Earned Income Credit (EIC) is 2, so claiming 3 kids doesn't get too much more back than only claiming 2. The difference being in the chid tax credit which was 1000 per child in 2005. Source(s): Not an accountant but have 4 kids and am not married, the boyfriend lives with me and he claims 2 and I claim 2. I also pay attention to the tax returns and used to do my own taxes, now I am greedy and want my money faster so I let the tax prep company do it I would think that whoever paid or provided more than 50% of the suport for the child should take the claim for income tax purposes. However, it is always better to come to an agreement so that the person that gains the most benefit from the child's deductions --- that person should be the one to claim the child. Then you both work out some type of monetary exchange. But also .... if you can't agree about this matter .... you may also not agree on how much support he should provide so ... you should have all matters settled by either your local family court .... regarding support, who gets the deduction and any other matters that need to be settled. well i will tell you this you dont get anything more for more than two children except a few more exemptions which is about two hundred dollars so it would be better if he claimed them if you are already claiming two. so if you have two to claim then but if they are your kids and they lived with both of you for nine months and and the other three they lived with just you then you have the right to claim them no matter who brought in more money, but like i said it would only give you 200 more it could give him up to 2400 more so there ya go hope this helps You can claim the exemption as long as you pass the following tests for a "qualifying child": 1) The baby is yours 2) The baby lived with you in the same place for more than half the year 3) The baby is under the age 19 4) The baby is not married 5) The baby is a US citizen 6) The baby does not support itself Your boyfriend fails the first test if the baby isn't his and can't claim it no matter how badly he needs the car. The support test is not necessary. However, your boyfriend can claim it using a second set of rules allowed beginning in 2004 for "qualifying relative". (This second set of rules is where you'll find the 50% "support test", which is not required in the first set.) If both of you try to claim the baby, the IRS will kick in "tie breaker" rules. To them, tie goes to the parent first. you're entitled to claim the baby as a dependent since youre the custodial parent. (the baby lived with you more than half of 2006) you're also able to file as "head of household" , which is more beneficial than filing "single". i dont know how much income you made, but maybe you wouldnt receive as much of a tax benefit as your ex might from claiming the baby. i suggest filing your taxes online at www.turbotax.com or www.taxactonline.com and then you could determine how much of a tax benefit you would get. |
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