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Tax Return

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Hharrison40

Junior Member
I would like to know, what I need to do in order to have my unmarried domestic partner to relinquish the tax returns
by filling our child as her dependent to off set her tax return.

Under the Tiebreaker Rule, the Child is Treated as a Qualifying Child Only By:


The parents, if they file a joint return;. (No we did not file jointly)
The parent, if only one of the persons is the child's parent;( we both are)
The parent with whom the child lived the longest during the tax year, if two of the persons are the child's parent and they do not file a joint return together;(we both live together)
The parent with the highest adjusted gross income (AGI) if the child lived with each parent for the same amount of time during the tax years, and they do not file a joint return together;
The person with the highest AGI, if no parent can claim the child as a qualifying child; or
A person with the higher AGI than any parent who can claim the child as a qualifying child but does not.

Under this rule, what can be done to undo girlfriend tax return so that I can claim my dependent?
 


LdiJ

Senior Member
I would like to know, what I need to do in order to have my unmarried domestic partner to relinquish the tax returns
by filling our child as her dependent to off set her tax return.

Under the Tiebreaker Rule, the Child is Treated as a Qualifying Child Only By:


The parents, if they file a joint return;. (No we did not file jointly)
The parent, if only one of the persons is the child's parent;( we both are)
The parent with whom the child lived the longest during the tax year, if two of the persons are the child's parent and they do not file a joint return together;(we both live together)
The parent with the highest adjusted gross income (AGI) if the child lived with each parent for the same amount of time during the tax years, and they do not file a joint return together;
The person with the highest AGI, if no parent can claim the child as a qualifying child; or
A person with the higher AGI than any parent who can claim the child as a qualifying child but does not.

Under this rule, what can be done to undo girlfriend tax return so that I can claim my dependent?
I am going to assume that you make more money than your girlfriend, otherwise none of those apply to you.

If your girlfriend is in agreement, she can amend her return to remove the child as a dependent, and then you could claim the child as a dependent. If she is not in agreement, then it gets more complicated.

It also might not be in the best interest of your household to change it either. The tiebreaker rules only go into effect if there is a disagreement as to who should claim the child. If she has to pay back more money to the IRS than you would receive by claiming the child, it might not be a good idea to change her return.
 

tranquility

Senior Member
You might have them give you a Form 8332. Other than that, prepare to fight an audit on the issue. (Sometimes audits start on one thing and lead to many other things.)
 

Hharrison40

Junior Member
I am going to assume that you make more money than your girlfriend, otherwise none of those apply to you.

If your girlfriend is in agreement, she can amend her return to remove the child as a dependent, and then you could claim the child as a dependent. If she is not in agreement, then it gets more complicated.

It also might not be in the best interest of your household to change it either. The tiebreaker rules only go into effect if there is a disagreement as to who should claim the child. If she has to pay back more money to the IRS than you would receive by claiming the child, it might not be a good idea to change her return.
My girlfriend is not in an agreement with me about finding an amicable solutions: I wouldn't mine if we can come to one conclusion. We bought a stroller for the child, which I knew about ... She told that she give grandma 2500 dollars,,,, why? I thought we talk about educational funds set up ? The rest is still in her account ..
She feels, she is entitle to the refund because she gives birth.
I provide insurance, health saving account, baby formula etc, rents, bills... Can I sue in civil court ?
 

Proserpina

Senior Member
My girlfriend is not in an agreement with me about finding an amicable solutions: I wouldn't mine if we can come to one conclusion. We bought a stroller for the child, which I knew about ... She told that she give grandma 2500 dollars,,,, why? I thought we talk about educational funds set up ? The rest is still in her account ..
She feels, she is entitle to the refund because she gives birth.
I provide insurance, health saving account, baby formula etc, rents, bills... Can I sue in civil court ?
Oh. You're the one trying to sue her for rent as well, aren't you?

You're a delight.
 

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