Question RE: Having to file the tax form 8332??

[stepmom03]

Oregon- I hope that is the correct form number. It's the one that joint parents have to sign for one parent to file taxes the the other files the next year. My question: What if the parent that has the right to claim the child for the year didn't work at all for the year. Can the other parent claim the child because the child has to be claimed. If the parent doesn't work then they don't have anything to file so they can't claim the child. Thank you anyone for answering this question.

 

[daniel123456]

claiming children

actually a non working parent can file the child on their income tax,even if you did not work,or are not required to file,you should do so anyhow,in the last 10 years or so the irs.and the federal government has been rather sympathic to single parents by giving them a special catagory.under the earned income credit,an adult,or custodian ,or legal guardian,of a child,or a person that can be claimnd as a dependant can file,and will receive a refund,even if you did not work,for this years filing with one child,and no income the amount would be approximatly several hundred dollars est.it may be more,or less.i dont have a chart with me at this time.im not an attorney,or tax adviser,please consult with one.congra.

 

[craftymom]

Actually, it is called the EARNED income credit because you must have EARNED income at some point during the year. A person does not recieve the EARNED income credit if they did not work.
Stepmom03, in answer to your question.......
No, the parent for whom it is an 'off' year cannot claim the child, even if the other parent didn't work. Not unless the other parent signs the 8332 out of the goodness of their heart. If the other parent is living with someone, then they can give the exemption to that person if they wish. Provided they meet support requirements of course.

 

[Ambr]

would these be life grandparents claiming grandkids on their taxes when they live with them?

how could she give that right to someone else? doesn't seem fair - but this is the government, right?

you might try the tax boards for that question. maybe you could get a definite answer from an accountant or a certified tax preparer.

 

[craftymom]

Actually, I am a certified tax preparer, with an associates degree in accounting.
If, for example, it is bio-moms year to claim child and she does not work at all (or isn't required to file) and she lives with a boyfriend (for more than six months) the boyfriend can claim the exemption of the child because he has provided more than half the support of the child.
And believe it or not, up until last year (tax year 1999), the boyfriend could even claim the child for earned income credit purposes. Go figure.....

 

[Mugs23]

Really?

Wait-
I can claim my fiancee's son on my tax return because I pay all the expenses when he's with us (even CS, which I know I don't have to do & isn't a tax deduction YET)? My fiancee is out on medical leave and his "employer" is a moron & won't help at all... so 1 income.

 

[daniel123456]

claiming

yes you can.

 

[craftymom]

not so fast daniel

If I am reading Mugs23's post correctly, the child does not live with them. If that is the case, then no, Mugs, you cannot claim the child.

 

[daniel123456]

actually the yes was for the stepmom,but mugs 23 can claim
her fiances son,if she provided the majority of care for the child.and the other parent agrees to sign the correct irs. form.luck too you.

 

[Grandma B]

Mugs,

You are right in saying you can claim your boyfriend's child (for whatever reason you claim), but that doesn't mean the IRS is going to agree with you. If the mother is the custodial parent and should decide to claim the child (or pass the exemption to a boyfriend or whomever), you will be writing a check to reimburse the IRS for illegally claiming the child. They run checks of the child's social security number and if they've been claimed on more than one return, THEY will determine who can have the exemption. If Mom is custodial, it'll be HER!

Just because you've claimed the child, and gotten by with it so far, doesn't mean it's okay with the iRS. Either Mom isn't filing and claiming the child, or you simply haven't been caught yet. Believe me, you will be.

 

[craftymom]

Perhaps I used the wrong terminology when I referred *giving* the exemption.
There are 5 tests to determine whether a person can or cannot be claimed. Support is only 1 of them. Again, if the child does not live with Mugs, she cannot claim the child--even with a form 8332. You cannot simply *give* the exemption to whomever you choose, can you imagine the fraud that would occur? If the child does not live with Mugs, she does not meet the Member of Household/Relationship test, therefore cannot claim him.
To reiterate what Grandma B said (paraphrasing it though), Anyone can put any childs social security number on their tax return, but that doesn't mean the IRS agrees. If there is a double claim of a social security number, the IRS makes the determination of who actually has the right to do so. And the person that doesn't will be in a whole lot of trouble.

 

[Mugs23]

2001 is my fiancee's year to claim his child, and get the EIC per the custody agreement. We think the BM will try to claim her son as well, but that's another story. Since my fiancee is out on medical leave with no pay (he's worked maybe 2 months of this year), and no disability in sight... I am financially (and emotionally) supporting him and his son (when we have him). Now - my finacee LEGALLY on paper has his son 49.9% of the time, which does not make 50%, which means he (I) still pays her (BM) CS. Where the child REALLY spends the majority of his week is with us. That will come later.
I gather from reading the posts that I can NOT claim the child as a dependant this year?
Thanks...