Confusion about Community Property State Tax, CA

[kms419]

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

Not qualify to file as HOH???

Hi, this is for income tax year 2009. I'm single and I claimed my dad as dependent, I provide more than half of the support for the year, though my mom did work, but her income was only $7181. Even if half of my mom's income count as my dad's income under the community property tax law, it's still under $3650. So I could file as HOH and claim my dad right? But then how come I still get a letter of Notice of Proposed Assessment for 2009 saying that I do not qualify for filing HOH?? The letter doesn't give a reason so I have no idea why I'm not qualified for HOH. It's making me so confused. Can anyone please help??

Thanks!!

 

[davew128]

Does Dad live with you and not Mom???

 

[kms419]

My parent and I lived together, but my dad is disabled and unemployed, only my mom is working.

 

[kms419]

Also the Notice of Proposed Assessment letter were saying I will be qualified if neither of my parent will have federal and state tax liability if they file separate, as well as they only file joint to get the refund of tax withheld. My parent met both of these exceptions.

 

[ecmst12]

Did mom claim dad as a dependent?

 

[kms419]

No, my mom didn't claim my dad as dependent.

 

[LdiJ]

Also the Notice of Proposed Assessment letter were saying I will be qualified if neither of my parent will have federal and state tax liability if they file separate, as well as they only file joint to get the refund of tax withheld. My parent met both of these exceptions.

Did your mom file a joint return with your father? If not, then you need to provide documentation to prove that you provide a home for your father and provide more than 50% if his support.

 

[kms419]

Yes, my mom did filed joint return with my dad. They only filed joint to get refund of the tax withheld.

 

[LdiJ]

Yes, my mom did filed joint return with my dad. They only filed joint to get refund of the tax withheld.

Ok, then that unfortunately is your problem. Most likely your parents received EIC and the making work pay credit therefore their refund included more than just the refund of withheld tax.

 

[davew128]

Ok, then that unfortunately is your problem. Most likely your parents received EIC and the making work pay credit therefore their refund included more than just the refund of withheld tax.

Exactly how does a married couple with no qualifying child get EIC?

 

[CourtClerk]

Exactly how does a married couple with no qualifying child get EIC?

Look at the tax table. People with no children get EIC all the time.

 

[davew128]

Look at the tax table. People with no children get EIC all the time.

And in the likely instance that the parents are over 65, they don't qualify in the first place.

 

[kms419]

But how did EIC and the making work pay credit affect me filing HOH?

 

[LdiJ]

And in the likely instance that the parents are over 65, they don't qualify in the first place.

What kind of indication do we have that they are over 65? Their joint income is certainly low enough to qualify for EIC without children.

 

[LdiJ]

But how did EIC and the making work pay credit affect me filing HOH?

A joint filer can only be claimed as a dependent by someone else if the joint refund was nothing more than a refund of tax withheld. Their refund consisted of MORE than just tax withheld.