Home     Law Advice     Insurance Advice     Community    
Tax Law : Federal, State and Local Income Taxes, Sales Taxes, etc. For Estate, Gift and Inheritance Taxes, Please Post Under Will, Trusts & Estate Planning
Go Back   FreeAdvice Legal Forum > TAX LAW > Tax Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-14-2007, 07:25 PM
Junior Member
 
Join Date: Mar 2007
Posts: 2

Dependent not-related


What is the name of your state? IN

My fiancé wants me to claim 2 children as dependants. She does not work and did not earn income in 2006. She is a full time student.
As I went through TaxActOnline I claimed the kids as not related and this increased my refund by $990.00 and after submitting the form recorded them as not living with me.
This is not what we intended and as I reviewed these questions if I answer the question of relationship as step child the form will read correctly as they live with me.
I support both of these kids and they have lived with me the whole year. Am I missing something in the way I am answering the question? Should I or can I retract the filed return that was submitted? If not should I submit a 1099x amended return?
From researching this forum I think I have done correctly claiming them as dependent and would not correctly claim them for the additional child deduction? Anyone know a better way to file this? Am I getting into trouble with this?What is the name of your state?
  #2  
Old 03-14-2007, 07:31 PM
Senior Member
 
Join Date: Jan 2005
Posts: 14,775
Quote:
Originally Posted by txgho1911 View Post
What is the name of your state? IN

My fiancé wants me to claim 2 children as dependants. She does not work and did not earn income in 2006. She is a full time student.
As I went through TaxActOnline I claimed the kids as not related and this increased my refund by $990.00 and after submitting the form recorded them as not living with me.
This is not what we intended and as I reviewed these questions if I answer the question of relationship as step child the form will read correctly as they live with me.
I support both of these kids and they have lived with me the whole year. Am I missing something in the way I am answering the question? Should I or can I retract the filed return that was submitted? If not should I submit a 1099x amended return?
From researching this forum I think I have done correctly claiming them as dependent and would not correctly claim them for the additional child deduction? Anyone know a better way to file this? Am I getting into trouble with this?What is the name of your state?
Where's the father?? Is she divorced? Does the decree assign the children to her as tax deductions?
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
  #3  
Old 03-14-2007, 07:47 PM
Senior Member
 
Join Date: May 2004
Posts: 41,436
Quote:
Originally Posted by txgho1911 View Post
What is the name of your state? IN

My fiancé wants me to claim 2 children as dependants. She does not work and did not earn income in 2006. She is a full time student.
As I went through TaxActOnline I claimed the kids as not related and this increased my refund by $990.00 and after submitting the form recorded them as not living with me.
This is not what we intended and as I reviewed these questions if I answer the question of relationship as step child the form will read correctly as they live with me.
I support both of these kids and they have lived with me the whole year. Am I missing something in the way I am answering the question? Should I or can I retract the filed return that was submitted? If not should I submit a 1099x amended return?
From researching this forum I think I have done correctly claiming them as dependent and would not correctly claim them for the additional child deduction? Anyone know a better way to file this? Am I getting into trouble with this?What is the name of your state?
Unfortunately, you may not claim your fiance's children. You may claim your fiance, but not her children. There are two ways to claim people, as 1) Qualifying children and 2) Qualifying relatives (which includes people who have lived with you all year long but are not related to you). You cannot claim them as qualifying children, because they do not meet the relationship test. In order to claim a child as a qualifying relative, they cannot be a qualifying child of someone else, even if that person is not filing a tax return. The children are qualifying children of their mother, (and perhaps their father, or their grandparents) therefore they cannot be your qualifying relative.

These new rules went into effect in 2005. Prior to that you could have claimed the children, but you would have been ineligible for Earned Income Credit or the Child Tax Credit.
  #4  
Old 03-15-2007, 05:14 PM
Junior Member
 
Join Date: Mar 2007
Posts: 2
The father is a deadbeat retired army recruiter on his third wife AFAIK. He is more than 30k behind and out of state. Con artist and all. More trouble than is worth to take to court until the kids are older. Maybe never as they are both special needs children.

Mother is not filing though she wants me to. Kids have been with me and the mother for 5 years.

Already claimed as dependent non-relative and the system did not flag it. IRS may reject it and I'll revise it.

IRS help line on 2 separate calls advised two different things. One said no and the other said yes.

Lets hear it for an end to the income tax. Let the economy drive the gov on a sales/use tax instead.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:57 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.