Sunday, January 17, 2010

If we claim married and 2 during the year and then married and 3 when we do next year taxes, will we owe?

We just found out that my husband is the father of a child we didn't know about. The mother is on SSI and can't file taxes. So we are 100% financially responsible for the child. So we would be able to claim married and 3. If we claimed married and 2 all year and then married and 3 when we do next years taxes, would we end up owing anything on next years taxes?If we claim married and 2 during the year and then married and 3 when we do next year taxes, will we owe?
Assuming that the child lives with its mother, you cannot claim the child on YOUR return unless the mother gives your husband a Form 8332 relinquishing the exemption to him.





To claim a child you must be the custodial parent, i.e. the child must live in YOUR home for more than half of the year. The amount of support that your husband provides for the child is irrelevant. Under the Qualifying Child rule, the only support test is that the child not provide more than half of their OWN support.





If the mother gives him that Form 8332, then claim the exemption and the Child Tax Credit when you file next year. But do NOT make any advance tax planning decisions because you cannot force the mother to sign that form; she may say ';Yes'; now but can renege on a whim.If we claim married and 2 during the year and then married and 3 when we do next year taxes, will we owe?
You'll probably get a refund, especially if you get a child tax credit for your two.





But you don't automatically get to claim the other child, even if you are financially responsible for him, if he doesn't live with you. If the mother signs a form 8332 turning the exemption over to the dad, then you can, otherwise no.

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