dependent or not

[spt]

Client son's girlfriend has lived with them for 18 months. Her mother died 18 months ago and her father lives in another state and provided zero support. The stepfather remarried soon after the mothers death and is not claiming her. Client has paid for part of her college fees and she is supported as any of his kids. Father has stated that he is not claiming her and client wants to if he can. She has a part time job that making $7000 last year. Can she be claimed as "other" on dependents for my client?

[Larmil]

Client son's girlfriend has lived with them for 18 months. Her mother died 18 months ago and her father lives in another state and provided zero support. The stepfather remarried soon after the mothers death and is not claiming her. Client has paid for part of her college fees and she is supported as any of his kids. Father has stated that he is not claiming her and client wants to if he can. She has a part time job that making $7000 last year. Can she be claimed as "other" on dependents for my client?

Short answer is no. She is not a QC because the relation test is not met. She is not a QR because the income test is not met.

[taxcraft]

No

Right on...its usually age and income that stops them.

[taxea]

Not enough info for me to make a decision...how old is she? how long has she lived with TP...
does she meet all qualifications other than relationship?

Depending on age TP can either become foster parent and receive state aid to support her or can become legal guardian, or can get signed 8332 from natural father which could allow TP to claim her.
If TP is legal guardian or foster parent than she becomes his dependent child.

If time is a problem and he agrees to pay for an amended return that can be done when he obtains the necessary "parental" status.

[erchess]

Basically agree with taxea but

I think we also need to know how much support the taxpayer provided and whether the young lady was a full time student if she was 19 or older at the end of the year.

[David1980]

Not enough info for me to make a decision...how old is she? how long or can get signed 8332 from natural father which could allow TP to claim her.

I have gotten a little lazy recently, For example, I missed the change with the 8332 where it's now used by an estranged father figure to give his children away to others somehow creating a parent/child relationship.

[taxcraft]

Some Rules

A “Qualifying Child”


FS-2005-7, January 2005

Uniform Definition
A “qualifying child” may enable a taxpayer to claim several tax benefits, such as head of household filing status, the exemption for a dependent, the child tax credit, the child and dependent care credit and the earned income tax credit. Prior to 2005, each of these items defined a qualifying child differently, leaving many taxpayers confused.

The Working Families Tax Relief Act of 2004 set a uniform definition of a qualifying child, beginning for Tax Year 2005. This standard definition applies to all five of the tax benefits noted above, with each benefit having some additional rules.

In general, to be a taxpayer’s qualifying child, a person must satisfy four tests:

* Relationship — the taxpayer’s child or stepchild (whether by blood or adoption), foster child, sibling or stepsibling, or a descendant of one of these.
* Residence — has the same principal residence as the taxpayer for more than half the tax year. Exceptions apply, in certain cases, for children of divorced or separated parents, kidnapped children, temporary absences, and for children who were born or died during the year.
* Age — must be under the age of 19 at the end of the tax year, or under the age of 24 if a full-time student for at least five months of the year, or be permanently and totally disabled at any time during the year.
* Support — did not provide more than one-half of his/her own support for the year.

If a child is claimed as a qualifying child by two or more taxpayers in a given year, the child will be the qualifying child of:

* the parent;
* if more than one taxpayer is the child’s parent, the one with whom the child lived for the longest time during the year, or, if the time was equal, the parent with the highest AGI;
* if no taxpayer is the child’s parent, the taxpayer with the highest adjusted gross income (AGI).

Additional Rules
While the four qualifying child tests generally apply for the five tax benefits noted above, there are some additions or variations for particular provisions:

Dependent — a qualifying child must also meet these tests:

* Nationality — be a U.S. citizen or national, or a resident of the U.S., Canada or Mexico. There is an exception for certain adopted children.
* Marital status — if married, did not file a joint return for that year, unless the return is filed only as a claim for refund and no tax liability would exist for either spouse if they had filed separate returns.

Head of Household Filing Status — a qualifying child is determined without regard to the exception for children of divorced or separated parents. Also, a qualifying child who is married at the end of the year must meet the marital status and nationality tests for a dependent (above).

Credit for Child and Dependent Care Expenses — a qualifying child must be under the age of 13 or permanently and totally disabled. A qualifying child is determined without regard to the exception for children of divorced or separated parents and the exception for kidnapped children.

Child Tax Credit — a qualifying child must be under age 17 and a U.S. citizen or national or a U.S. resident.

Earned Income Tax Credit — a qualifying child does not have to meet the support test. Also, a qualifying child must have lived with the taxpayer in the United States for more than half the year and have a social security number that is valid for employment in the United States. A qualifying child is determined without regard to the exception for children of divorced or separated parents. If a qualifying child is married, he or she must also meet the marital status and nationality tests for a dependent (above).

Changes to Certain Benefits
The new law does not change the operation of the Child Tax Credit, but it does affect these benefits:

Dependent — There are two types of dependents, a qualifying child and a qualifying relative. The five dependency tests — relationship, gross income, support, joint return and citizenship/residency — continue to apply to a qualifying relative. A child who is not a qualifying child might still be a dependent as a qualifying relative. If you are a dependent of another person, you cannot claim any dependents on your own return. .

Head of Household Filing Status — A taxpayer is eligible for head of household filing status only with respect to a qualifying child or the taxpayer’s dependent. But the taxpayer cannot file as head of household for a person who is a dependent only because he or she lived with the taxpayer for the whole year or because the taxpayer may claim him or her as a dependent under a multiple support agreement.

[taxea]

taxcraft- your post quotes 2005 law...where you say new law...is that new in 2005 or new in 2009?

[taxcraft]

Today

My quote is lifted from a search on todays IRS web site.....the law may still be the same.

[taxcraft]

What is the point?

If all the tests have to be met, and they fail just one test, what is the point of going over everyone of the other tests? Its just harassing the taxpayer. Or do you see yourself as educating your clients?