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Of Course!! The Custodial Parent!! Why didn't I think of that?

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    Of Course!! The Custodial Parent!! Why didn't I think of that?

    Some of you may know that I have been trying to get an answer from the IRS for about a year regarding whose parent to use when a majority age child is subject to the Kiddie Tax and the parents are divorced. After getting the run around several times, I changed my question to remove the chance of them telling me to count nights or something like that.

    Anyone want to interpret this latest response?

    I highlighted my question and their answer.
    NOTE: Thank you for your inquiry. Our response to your tax law question appears below. I hope this information has been helpful. If you have a follow-up question or another general tax law question, please return to our web site at: www.irs.gov.

    Please do not use your "reply" button to respond to this message. More helpful information is provided at the end of this message.


    Your Question Was:
    This is a Kiddie Tax Question for 2008 returns. If a woman, age 22 is living with and being fully supported by her boyfriend in his home during the entire year and attending school as a full time student, but has $2,000 worth of investment income, she is subject to the Kiddie Tax for 2008. If the parents are divorced, which parent s return should be used?


    The Answer To Your Question Is:
    Dear Taxpayer,

    Thank you for your inquiry. I apologize for the delayed response. The following information is in Publication 929 entitled “Tax Rules for Children and Dependents” and the instructions for the Form 8814. You may access these references directly from our web site at www.irs.gov.

    I understand your question is regarding the parental election to report a child’s investment income using the Form 8814. I am assuming the Form 8615 will not be used because this form would be attached to the child’s return, not the parent’s return, and you specifically ask which parent’s return should be used to make this election.

    The following is some of the pertinent information found in Publication 929. “If the child's parents are divorced or legally separated, and the parent who had custody of the child for the greater part of the year (the custodial parent) has not remarried, use the return of the custodial parent.”

    The following is some of the pertinent information found in the instructions for the 2008 Form 8814. “Parents qualify to make this election if they file Form 1040 or Form 1040NR and any of the following apply:
    You are filing a joint return for 2008 with the child’s other parent.
    You and the child’s other parent were married to each other but file separate returns for 2008 and you had the higher taxable income.
    You were unmarried, treated as unmarried for federal income tax purposes, or separated from the child’s other parent by a divorce or separate maintenance decree. The child must have lived with you for most of the year (you were the custodial parent). If you were the custodial parent and you remarried, you can make the election on a joint return with your new spouse. But if you and your new spouse do not file a joint return, you qualify to make the election only if you had higher taxable income than your new spouse.”

    In summary; based on the facts and circumstances provided in your inquiry and the assumption that a parental election will be made; the custodial parent’s return would be used to determine the “Kiddie Tax” for tax year 2008. The Form 8814 would be attached to the custodial parent’s return.
    We hope this information answers your question. Thank you for using our e-mail service. Should you need any further assistance, you may call customer service at 1-800-829-1040.







    IRS forms and publications may be accessed on our web site at the following address: www.irs.gov or ordered through our toll-free forms line at: 800-829-3676
    Expect delivery within 10 business days.

    Other useful toll-free numbers include:
    800-829-1040 IRS Tax Help Line for Individuals
    800-829-4933 Business and Specialty Tax Help Line
    800-829-1954 Refund Hotline
    866-562-5227 Disaster Relief Toll-Free Number, Monday
    through Friday, 7 am to 10:00 pm local time

    We are interested in your opinion and providing the best possible service to you. Please take a moment to answer our survey at: www.irs.gov/help

    This answer is based on our understanding of the facts you presented in your question. Omission of facts may affect the answer given.

    Here's a tip for navigating the IRS web site. Use the "search" button at the right side of the web page. Enter key words or phrases for your topic in the entry box.

    For security reasons and to protect taxpayer privacy, the IRS does not address taxpayer account-related issues for which personal, identifying information would be needed through e-mail.

    Our basic Electronic Tax Law Assistance service is designed to assist the general public in complying with their Federal tax obligations by helping them with questions they have about the tax law and procedural issues. Our goal is to provide complete and accurate responses to as many taxpayers as possible.

    If you have additional questions, you may contact us either by phone at 1-800-829-1040 or by email through our web site www.irs.gov.


    EMPLOYEE ID: 99-99999 Mx. Xxxxxxxx Tel.: (800) 829-1040 msg#: 1788161
    Last edited by dtlee; 01-13-2009, 01:42 PM.
    Doug

    #2
    Draw straws?
    http://www.viagrabelgiquefr.com/

    Comment


      #3
      If the IRS can't even give a clear answer the answer seems obvious to me. Whichever parent results in less tax. (When there is no clear custodial parent.)

      Comment


        #4
        My guess at the answer

        First, let me say it was very entertaining see the IRS completely not answer your question. Thanks for sharing. Now for my answer:

        On pages 12-9 and 10 of TTB it lays out three scenarios, none of which line up with yours. However in the most similar situation (the first bullet) you use the information for the parent with the higher income. To me this is the way to do it. It meets the spirit of the law.

        Comment


          #5
          I give up...another reason people can't do their own tax returns

          After another set of exchanges with the IRS where they insisted that this person had to be in one parent's custody or the other, they told me that I should check to see if the child was temporarily absent from her home and told me to research which parent had custody under the divorce decree, I revised my example to be foolproof and had this exchange:
          NOTE: Thank you for your inquiry. Our response to your tax law question appears below. I hope this information has been helpful. If you have a follow-up question or another general tax law question, please return to our web site at: www.irs.gov.

          Please do not use your "reply" button to respond to this message. More helpful information is provided at the end of this message.

          Your Question Was:
          This is a Kiddie Tax Question for 2008 returns. A woman was abused by her father when she was 15 years old in 2001. Although he was never convicted, her mother divorced him. She never had contact with her father again but lived with her mother until she was 18. At age 18, and considered emancipated under local Virginia law in 2004, she left her mother, who she hated. She found a clerical job at an insurance agency. She successfully sued her mother for injuries inflicted on her while living with her. Her settlement was received in 2006 and deposited into a bank in the form of a five year CD. In 2007, she met her boyfriend with whom she moved in that year. He convinced her to quit her job and go back to school. She began school as a full time student in 2007. Her boyfriend is paying for her school, their home, her food, her books, and her clothes. In 2008, at age 22, she is living with and being fully supported by her boyfriend in his home (not at the school and not with either parent) during the entire year and attending school (she commutes there daily and does not live on campus) as a full time student (by the school s definition of full time ), but has $2,000 worth of investment income from the CD, she is subject to the Kiddie Tax for 2008. She has had no contact with her father since she was 15 years old. She has not spoken to her mother since she filed the lawsuit in 2004. She has not visited either at any time in 2008 and has not had any contact with either for years. Since the parents are divorced, which parent s income should be used in computing the Kiddie Tax for this woman? It should be obvious that neither parent would be considered a custodial parent by any stretch of the definition.

          The Answer To Your Question Is:
          Thank you for your inquiry of January 9 concerning who should report the investment income of a dependent commonly known as 'Kiddie tax'.

          We apologize for not replying sooner.

          We can provide general information only based on information provided and missing information may alter our answer.

          The person in question is not subject to the investment tax for children because neither parent can legally claim the child as a dependent BASED on information provided since neither parent provides any support under the dependency rules. See Publication 501, page 14 under Gross Income and page 14 Qualifying Relative, and Support Test for Children of Divorced or Separated Parents, page 16.
          Publication 929, Tax Rules for Children and Dependents, page 1.

          Publications are available @irs.gov or by calling 800-829-3676.
          Introduction
          Part 1 of this publication explains the filing requirements and other tax information for individuals who can be claimed as a DEPENDENT on another person's tax return.

          Our basic Electronic Tax Law Assistance service is designed to assist the general public in complying with their Federal tax obligations by helping them with questions they have about the tax law and procedural issues. Our goal is to provide complete and accurate responses to as many taxpayers as possible.

          If you have additional questions, you may contact us either by phone, toll-free at 1-800-829-1040, Monday through Friday between the hours of 7:00 a.m. and 10:00 p.m. or by e-mail through our web site www.irs.gov.

          Generally, the person in question does not have a filing requirement since their gross income is below $3,500 and is considered single and not a dependent of anyone BASED on limited information provided. There are a number of reasons to file a return such as to claim federal withholding and having a tax return to provide to a school for financial aid, Publication 501, page 4.

          IRS forms and publications may be accessed on our web site at the following address: www.irs.gov or ordered through our toll-free forms line at: 800-829-3676
          Expect delivery within 10 business days.

          Other useful toll-free numbers include:
          800-829-1040 IRS Tax Help Line for Individuals
          800-829-4933 Business and Specialty Tax Help Line
          800-829-1954 Refund Hotline
          866-562-5227 Disaster Relief Toll-Free Number, Monday
          through Friday, 7 am to 10:00 pm local time

          We are interested in your opinion and providing the best possible service to you. Please take a moment to answer our survey at: www.irs.gov/help

          This answer is based on our understanding of the facts you presented in your question. Omission of facts may affect the answer given.

          Here's a tip for navigating the IRS web site. Use the "search" button at the right side of the web page. Enter key words or phrases for your topic in the entry box.

          For security reasons and to protect taxpayer privacy, the IRS does not address taxpayer account-related issues for which personal, identifying information would be needed through e-mail.

          Our basic Electronic Tax Law Assistance service is designed to assist the general public in complying with their Federal tax obligations by helping them with questions they have about the tax law and procedural issues. Our goal is to provide complete and accurate responses to as many taxpayers as possible.

          If you have additional questions, you may contact us either by phone at 1-800-829-1040 or by email through our web site www.irs.gov.

          EMPLOYEE ID: 9999999 Mx. Xxxxxxxx Tel.: (800) 829-1040 msg#: 1788957
          Last edited by dtlee; 01-13-2009, 01:47 PM.
          Doug

          Comment

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