ncp claiming child as tax dependant

[tsmommy]

What is the name of your state? ky.

Can an NCP claim their child as a dependant on taxes? The CP has had no employment for the 2007 tax year and isn't claiming the child with the IRS. Is there a form the CP has to sign in order to let NCP do this? And if the CP cannot be contacted will the IRS even figure it out since the child isn't being claimed on taxes of CP. And what would happen if NCP claimed child and IRS did not accept it? Would they just adjust the refund to not include the extra dependant or would they go ahead and send refund then make NCP pay the money back? Not trying to do anything illegal. Just wondering if it can be done. NCP plans on taking the tax credit for the child and starting a savings account for child.

NCP currently claims child on VA benefits as dependant and recieves 100.00 a month for this. And the VA knows he is NCP. Their regulations allow it. I thought the IRS might have a similar policy.

 

[Ohiogal]

Yes there is a form for the CP to sign. I believe it is form 8223 but LD will correct me if the number is wrong. I am going from memory. The IRS does NOT have a similar policy as the VA.

 

[tsmommy]

Yes there is a form for the CP to sign. I believe it is form 8223 but LD will correct me if the number is wrong. I am going from memory. The IRS does NOT have a similar policy as the VA.

So even though cp is single has no job and no one else to claim the child she still has to sign form 8223. That's not going to happen. She won't sign it. lol. My husband pays 100% of medical and 100% of monetary support. I'm assuming that doesn't matter.

 

[Ohiogal]

So even though cp is single has no job and no one else to claim the child she still has to sign form 8223. That's not going to happen. She won't sign it. lol. My husband pays 100% of medical and 100% of monetary support. I'm assuming that doesn't matter.

NOpe. If the court order is silent or if the court order states CP gets to claim the children then that is what happens.

 

[LdiJ]

I am going to disagree slightly with OG.

The form number is 8332

However, here is what will happen if he doesn't get the form from the CP:

If he is audited, they will make him prove that he has the right to claim the child. Odds are, since mom is unable to claim the child, because mom is not filing a tax return, he will pass the audit.

If someone else also claims the child, then the IRS will determine which of them had the right to do so. If its mom's boyfriend who claims the child, dad will automatically win.

If its a grandparent or other family member, and that person can prove that they provided more than 50% of the child's support, (unlikely if the ncp is paying child support, but possible) then that person could prevail. Otherwise dad would prevail.

This is the one isolated scenario where its not too risky to not have the form 8332.

However, if by any chance mom is married, and might be filing a joint tax return with her husband, then dad CANNOT claim the child.

 

[Ohiogal]

I am going to disagree slightly with OG.

The form number is 8332

However, here is what will happen if he doesn't get the form from the CP:

If he is audited, they will make him prove that he has the right to claim the child. Odds are, since mom is unable to claim the child, because mom is not filing a tax return, he will pass the audit.

If someone else also claims the child, then the IRS will determine which of them had the right to do so. If its mom's boyfriend who claims the child, dad will automatically win.

If its a grandparent or other family member, and that person can prove that they provided more than 50% of the child's support, (unlikely if the ncp is paying child support, but possible) then that person could prevail. Otherwise dad would prevail.

This is the one isolated scenario where its not too risky to not have the form 8332.

However, if by any chance mom is married, and might be filing a joint tax return with her husband, then dad CANNOT claim the child.

Like I said. I defer to you on tax issues.

 

[TinkerBelleLuvr]

http://www.irs.gov/publications/p501/index.html