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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10481
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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MY SON WANTS TO CLAIM S BABY THAT WAS BORN IN MARCH 2015 HE

Customer Question

MY SON WANTS TO CLAIM HIS BABY THAT WAS BORN IN MARCH 2015
HE WORKS AND PAY FOR HER EXPENSES, BUT THE BABY LIVES IN HER MOM'S HOUSE THAT SHE DOESN'T WORK AND THE BABY'S MOM LEAVES WITH HER PARENTS. CAN THE GRAND PARENTS CLAIM THE BABY?
BECAUSE MY SON WANTS TO CLAIM HER DAUGHTER EVEN THOUGH SHE DOESNT LEAVE WITH HIM.
Submitted: 10 months ago.
Category: Tax
Expert:  Lane replied 10 months ago.

Hi, I can help with this.You simply have to run the situation against the test.

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To take the child as a dependent, first the qualifying child test must be run. (You haven't yet provided enough information to make that decision, so let me lay out both tests to see what fits), then if one of the parents can't claim under "qualify child," we need to run against qualifying relative, for the grandparents.

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QUALIFYING CHILD

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Relationship

  • Your son, daughter, adopted child1, stepchild, foster child2 or a descendent of any of them such as your grandchild
  • Brother, sister, half brother, half sister, step brother, step sister or a descendant of any of them such as a niece or nephew

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Age

  • At the end of the filing year, your child was younger than you (or your spouse if you file a joint return) and younger than 19
  • At the end of the filing year, your child was younger than you (or your spouse if you file a joint return) younger than 24 and a full-time student
  • At the end of the filing year, your child was any age and permanently and totally disabled

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Residency

  • Child must live with you (or your spouse if you file a joint return) in the United States for more than half of the year

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Joint Return

  • The child cannot file a joint return for the tax year unless the child and the child's spouse did not have a separate filing requirement and filed the joint return only to claim a refund.

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Expert:  Lane replied 10 months ago.

Now here's qualifying relative:

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An individual must meet all 4 of these requirements in order to be considered your Qualifying Relative.

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Not a Qualifying Child: The individual cannot be your Qualifying Child and cannot be someone else's Qualifying Child. They are a Qualifying Child if they meet all the requirements, whether or not they are claimed as a dependent.

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Relationship: The person must either have lived with you for the entire year as a member of the household (a person who is not actually related to you may meet the requirements in this way), orbe related to you in one of the following ways: your child, stepchild, grandchild or other descendant of one of your children (or stepchildren or foster children), son-in-law, daughter-in-law, brother, sister, half brother, half sister, stepbrother, stepsister, brother-in-law, sister-in-law, parent, stepfather, stepmother, father-in-law, mother-in-law, grandparent, and, if related by blood, aunt, uncle, niece, or nephew. Remember that a child whom you legally adopted is always considered to be your child. Also note that, for the purposes of this requirement, divorce or death does not change any relationship which was established by marriage (e.g. son-in-law, daughter-in-law, etc.)

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Gross Income: The person must have made less than $4,000 in gross income during 2015.

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Support: You must have provided more than half of the individual's total support during the year.

Expert:  Lane replied 10 months ago.

Can you tell how things stack up there?

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let me know and we can go from there

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I'll be here,

Lane

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