Kids claiming own exemptions

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  • joeljj
    Junior Member
    • Feb 2008
    • 8

    #1

    Kids claiming own exemptions

    A new client who became a widow a few years ago has 6 children ranging in age from 3 to 18. Each child receives $4260 in taxable income on a 1099-R from PERA and $3120 in social security benefits. Precious preparer had filed 6 1040A's with each child owing approx. $300 in federal tax each year. If mom uses the child's income to provide over 1/2 of his/her own support, can't each child, regardless of age, keep his own exemption and not even be required to file a return because each would be under the $8950 gross income test? It would save the family tax dollars since the mom isn't eligible for the child tax credit due to income level.
  • Possi
    Senior Member
    • Mar 2006
    • 1432

    #2
    children's taxes

    You need to check the chart on TTB 3-12 lower corner Chart B.

    When the child's unearned income exceeds $900, the child need to file a tax return.

    The child does not claim their own exemption (most of the time) because the parents have provided over half the support.

    edit:

    Unearned income does not include SS benefits, I believe. I have kids who get nothing but SS and we do not file a return for them. Yours have other 1099R income, so they would file.

    I think I have that right, now that I edited.....
    Last edited by Possi; 03-20-2009, 03:00 PM. Reason: social security
    "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

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    • Larmil
      Senior Member
      • Dec 2006
      • 621

      #3
      Originally posted by joeljj
      A new client who became a widow a few years ago has 6 children ranging in age from 3 to 18. Each child receives $4260 in taxable income on a 1099-R from PERA and $3120 in social security benefits. Precious preparer had filed 6 1040A's with each child owing approx. $300 in federal tax each year. If mom uses the child's income to provide over 1/2 of his/her own support, can't each child, regardless of age, keep his own exemption and not even be required to file a return because each would be under the $8950 gross income test? It would save the family tax dollars since the mom isn't eligible for the child tax credit due to income level.
      What is Mom's total income?

      Comment

      • taxea
        Senior Member
        • Nov 2005
        • 4292

        #4
        Who are you?

        Please complete your profile. taxe
        Believe nothing you have not personally researched and verified.

        Comment

        • BHoffman
          Senior Member
          • Feb 2008
          • 1768

          #5
          Profiles are not required on this forum. Lots of us don't bother. Please be very careful not to include any identifying information to protect yourself.

          Comment

          • Possi
            Senior Member
            • Mar 2006
            • 1432

            #6
            I can't find my profile...

            ... but last year I lost a lot of weight......

            Now, what did you say Mom's income was??
            "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

            Comment

            • JohnH
              Senior Member
              • Apr 2007
              • 5339

              #7
              My profile is hanging in any post office for anyone who cares to see it.
              "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

              Comment

              • joeljj
                Junior Member
                • Feb 2008
                • 8

                #8
                Mom's total income was $25,724, including $3,120 of nontaxable social security income. The income for the 6 kids total $44,280, each getting $3120 social security income and $4,260 1099-R income. It seems to me that if all the income was used to support the household, each child would be providing more than half of his/her support. I appreciate your responses.

                Comment

                • Larmil
                  Senior Member
                  • Dec 2006
                  • 621

                  #9
                  Originally posted by joeljj
                  Mom's total income was $25,724, including $3,120 of nontaxable social security income. The income for the 6 kids total $44,280, each getting $3120 social security income and $4,260 1099-R income. It seems to me that if all the income was used to support the household, each child would be providing more than half of his/her support. I appreciate your responses.
                  See TTB 3-19 for determining support. Note - FMV of lodging is part of it. There is a worksheet in Pub 17 for that purpose also. BTW, my profile looks like Alfred Hitchcock's.

                  Comment

                  • joeljj
                    Junior Member
                    • Feb 2008
                    • 8

                    #10
                    I've looked at the worksheets for determining support. I'm thinking the kids provide over 1/2 of their support. The mom is using the kids' funds as well as her own to pay all the bills for everything. Since the kids' funds exceed the mom's funds by a substantial amount, I can only conclude that once you divide the total household support dollars by the 7 household members, each child would be providing more than a 1/2 shareof their own expenses. SInce they would then file as "single" claiming their own exemption, they would then use the Chart A Filing Requirements chart on TTB page 3-12, and would not even be required to file a return. Am I off-base somehow?

                    Comment

                    • Jesse
                      Senior Member
                      • Aug 2005
                      • 2064

                      #11
                      If they do provide more than 1/2 of their own support, although not required to file, if they do file they could receive the $300 stimulus. Assuming they did not receive it last year.
                      http://www.viagrabelgiquefr.com/

                      Comment

                      • Larmil
                        Senior Member
                        • Dec 2006
                        • 621

                        #12
                        Originally posted by joeljj
                        I've looked at the worksheets for determining support. I'm thinking the kids provide over 1/2 of their support. The mom is using the kids' funds as well as her own to pay all the bills for everything. Since the kids' funds exceed the mom's funds by a substantial amount, I can only conclude that once you divide the total household support dollars by the 7 household members, each child would be providing more than a 1/2 shareof their own expenses. SInce they would then file as "single" claiming their own exemption, they would then use the Chart A Filing Requirements chart on TTB page 3-12, and would not even be required to file a return. Am I off-base somehow?
                        Just my own opinion of how I would handle - I would agree with you providing the FMV of the lodging was reasonable (Not a $1 Million mansion, I hope). KEEP ALL your records including the worksheets you use to figure support. Be prepared to explain to IRS all the facts (I have been there before in a situation like yours). Be prepared to have your initial contact at the IRS not understand the situation. Most important - if you are right, don't back down.

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