Can she be claimed?

[kjelie8706]

What is the name of your state (only U.S. law)? florida

I had someone living with me for the majority of 2008, she is the mother of two of my children. She had not worked for the entire year, she's age 20, she started school in August, and she also receives medicaid for herself, and for my children, which started in September, she also moved out in September. If she's okay with it, can i claim her on my upcoming tax return? I did provide more than half of her care/expenses.

 

[LdiJ]

What is the name of your state (only U.S. law)? florida

I had someone living with me for the majority of 2008, she is the mother of two of my children. She had not worked for the entire year, she's age 20, she started school in August, and she also receives medicaid for herself, and for my children, which started in September, she also moved out in September. If she's okay with it, can i claim her on my upcoming tax return? I did provide more than half of her care/expenses.

Unfortunately no, you cannot claim her. In order to claim an unrelated person the person must live with you for the entire calendar year. Since she moved out in September, she does not meet that test.

 

[kjelie8706]

ok, but if she had stayed with me, i would be able to claim her. how would i have done so, how would she be categorized in terms of relation to me. and if i was able to claim her, would it affect the assistance she recieves

 

[LdiJ]

ok, but if she had stayed with me, i would be able to claim her. how would i have done so, how would she be categorized in terms of relation to me. and if i was able to claim her, would it affect the assistance she recieves

I am not going to answer those questions, because I think that you are considering claiming her anyway, and I am not going to assist you with that.

However I will answer one question. Yes, claiming her could very well effect her assistance.

 

[kjelie8706]

I am not going to answer those questions, because I think that you are considering claiming her anyway, and I am not going to assist you with that.

However I will answer one question. Yes, claiming her could very well effect her assistance.

LOL. no i dont plan on doing it anyway, i like to ask questions. I asked that question for possible future use. She doesnt plan on being on her own for long. And i rather know now, so i can know what could happen. I have no problem accepting my limitations. But thanks for the answers

 

[kjelie8706]

ok, i actually have the answer i really was seeking. i was preparing my taxes and i saw on the 1040 instructions that she can be claimed (legally) because she resided with me for more than half of the year, and is a full time student, since Aug 2007, and i provided more than half of her care/expenses. isnt that great. or am i missing something?

 

[irsos]

ok, i actually have the answer i really was seeking. i was preparing my taxes and i saw on the 1040 instructions that she can be claimed (legally) because she resided with me for more than half of the year, and is a full time student, since Aug 2007, and i provided more than half of her care/expenses. isnt that great. or am i missing something?

You are missing something. The "more than half the year" rule is related to the test for a "qualifying child". Since she is not your qualifying child - you must look to the rules for a qualifying relative. In the relationship test for a qualifying relative, she must have been your daughter, sister, stepmother, neice, aunt or sister-in-law to qualify. Failing that, she must have lived with you for the ENTIRE year to qualify. You MAY NOT claim her. See Code Section 152(d)(2).

 

[kjelie8706]

You are missing something. The "more than half the year" rule is related to the test for a "qualifying child". Since she is not your qualifying child - you must look to the rules for a qualifying relative. In the relationship test for a qualifying relative, she must have been your daughter, sister, stepmother, neice, aunt or sister-in-law to qualify. Failing that, she must have lived with you for the ENTIRE year to qualify. You MAY NOT claim her. See Code Section 152(d)(2).

okay, i can go with that, im glad i came here, instead of listening to alot of idiots, telling me to claim her as my Step sister, you just saved me a ton of potential trouble

 

[LdiJ]

You are missing something. The "more than half the year" rule is related to the test for a "qualifying child". Since she is not your qualifying child - you must look to the rules for a qualifying relative. In the relationship test for a qualifying relative, she must have been your daughter, sister, stepmother, neice, aunt or sister-in-law to qualify. Failing that, she must have lived with you for the ENTIRE year to qualify. You MAY NOT claim her. See Code Section 152(d)(2).

Which I already told him in my first response, which just goes to show that he hasn't accepted that he cannot claim her, despite the fact that he heard it from a tax professional.

 

[kjelie8706]

Which I already told him in my first response, which just goes to show that he hasn't accepted that he cannot claim her, despite the fact that he heard it from a tax professional.

When you told me that, I did accept that, really I did, but I couldnt help but ask that question again after reading the tax instructions, and then he pointed out that i did miss something, its not as if i told said you were wrong. hell i thank you for your response. if anything, i just had to realise something, could she be claimed as an unrelated person or could have been as a child. which i now know

 

[TinkerBelleLuvr]

she is the mother of two of my children

This does lead me to another question.

With whom have the children lived all year? Part-year??

 

[kjelie8706]

This does lead me to another question.

With whom have the children lived all year? Part-year??

they both stayed with me until sept when the mother moved out