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Question

Our oldest daughter (20) in college became pregnant and moved back home. The boyfriend is around, but would not call him financially supportive. The healthy baby is home with us and new mother who is still full time student (not working yet, but may make $3000 in 2009 in part time work). The boyfriend is quick to 'claim' his new child for taxes and is telling our daughter that we cannot claim her either. According to my interpretation of the tax rules, both my daughter AND my granddaughter qualify as MY dependant. I want to brace the boyfriend so he doesn't have surprises come next spring. Are there better ways to benefit (tax wise) by having my daughter claim her baby - or the boyfriend? Of course, I'd lean more to something more beneficial to my daughter than the boyfriend!

Submitted: 25 days and 10 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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State/Country relating to question: New Mexico

Accepted Answer

Please find here rules to claim a dependent

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If the child lives with you - you are eligible to claim as a dependent.

As your daughter has income below $3650 (for 2009) - she is your dependent and may not claim a child assuming she is not filing a joint tax return.

 

"The boyfriend is around" - is not clear if he lives with the child or not - that should be considered.

Also - your income and income of the boyfriend should be considered.

Let me know if you need any help.

 

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Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 10/28/2009

Tax Preparer

Taxes, Immigration, Labor Relations

24 days and 15 hours ago.

Reply

Boyfriend does not live with the child. He comes over to our house to watch baby when mom is at college classes.

 

His income is around $23,000

 

Our combined income (wife and I) $130,000

 

Our daughter has never filed a return before

 

Thank you

Jeff

Posted by LEV 24 days and 15 hours ago.

Answer

Hi Jeff

If the child doesn't live with the boyfriend - he may not claim a child as his dependent.

As your daughter is a dependent herself - she may not claim the child.

In this case - seems as you are the only one who is eligible to claim the child as a dependent.

You may reference the IRS publication 501 - I posted above for rules to claim a dependent.

 

Let me know if you need any help.

 

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