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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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What is the rule about Non dependent expenses If my ...

Resolved Question:

What is the rule about Non dependent expenses? If my son's dad can came claim him as a dependent. Can I claim him as a non-dependent?
Submitted: 10 years ago.
Category: Tax
Expert:  Lev replied 10 years ago.

You can't both claim the same child. However:



Let me know if you need more details.


Customer: replied 10 years ago.
Reply to Lev's Post: No... you see I went to H&R Block and those people don't know the loop holes or how to read the rules. And I went to another agent today and you can claim some expenses as a non-dependent care. I think you thought I was asking if we both can claim him as a dependent. I know two people can not claim the dependent status. I just wanted to know if you had the answer to the non-dependent earlier. Which Im guessing you probably haven't dealt with it much.

Thanks anways...
Expert:  Lev replied 10 years ago.
You mentioned above "non dependent expenses". Which expenses did you mean? child care? educational? any other?
Customer: replied 10 years ago.
Reply to Lev's Post: I meant child care..basically some where and i couldn't tell you where it states that the child does not have to be your dependent to write expenses that was incuured.... such as day care.

for example, if my grandmother paid daycare for me but I claimed him as a dependent then she would have the right to write off the expense of daycare.
Expert:  Lev replied 10 years ago.

In relation to to Child Care Expenses, there is a requirements that a child should be your dependent - see IRS publication 17 page 208 - http://www.irs.gov/pub/irs-pdf/p17.pdf



There is an exception for children of divorced or separated parents, that is - if noncustodial parent claims child as a dependent, noncustodial still may claim dependent care credit. That is if your child's father is claiming the dependent, but child lived with you and you have child care expenses - you may deduct them.


The grandmother can't deduct child care expenses if the child is not her dependent.


Customer: replied 10 years ago.
Reply to Lev's Post: So okay we are getting close....I have been reading that part of the chapter of rules to seperated or divorced parents. And I just wanted to know if the rule read that the way I interpreted it.

So there are basically five different claims you can make. One parent can claim like maybe lets say three out of the five, while the other can claim 2 out of the five. So, if my son's dad claimed him as a dependent and took the child tax credit. I claimed him as a non dependent and took the child care expenses. Is that what the special rule was made for? Am I reading the rule correctly?

Expert:  Lev replied 10 years ago.

When you said 'claim non-dependent' - it is a little confusing.


Let's say this way: If your son's dad claimed him as a dependent and took the child tax credit. You don't claim your son, but may claim dependent care credit if his father didn't claim this credit.


But you are absolutely correct.



Customer: replied 10 years ago.
Reply to Lev's Post: two questions can I claim the expenses of daycare and the filing of head of household as long as I dont claim the child tax credit.

2) is your three year experience with H&R Block, and
if so why did the guy at H&R Block charge me $250 and know these rules.

Thanks for your help!
Expert:  Lev replied 10 years ago.

Based on information given, you, as a custodial parent, may claim HOH status and Child Care Credit if the child is living with you and child’s non-custodial parent doesn't claim this credit.


I can't tell if the charge is correct or not without detailed information about your tax return, you may ask HRB for detailed bill and we could evaluate it if you want.


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