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Tax Deduction Rules

What is a tax deduction?

A tax deduction is a legal process where a person who is filing their taxes is allowed to deduct the value of certain items to show a reduced taxable income. These deductions are usually allowed for expenses that have helped to generate income. Some tax deductions are applied over a period of time for capitalized business and investment items through depreciation, obsolescence, or decline in value. Listed below are questions relating to the tax deduction rules that have been answered by the Experts.

If a person donates to another person’s medical procedure, can they get a charitable tax deduction?

In most cases, when a person makes a charitable contribution, they would need to make sure that the contribution is made through a 501(c) (3) charity. One possible way to do this here is for the person to talk to a church and give them a donation which would help them pay for the medical procedure. But this would have to be done discreetly and the person would need to make sure that they do not mandate where the money goes since that would be against the law.

If a person in the State of Colorado has primary custody of a child and wants to claim them on their taxes, can the other parent stop them from doing this?

In most cases, when a couple gets divorced, the person who can claim the child will be stated in the divorce decree. If the divorce decree does not state who can claim the child, the person whom the child resides with will be the one who can claim the child. According to Section 152(e);

“Except as otherwise provided by Section 152(e) (2), 152(e) (3), or 152(e) (4), the custodial parent satisfies the support test for purposes of the personal exemption for the child (Sec. 152(e) (1)) if:

1. a child receives over one-half of his support during the calendar year from his parents who are divorced or legally separated under a decree of divorce or separate maintenance, or who are separated under a written separation agreement, or who live apart at all times during the last six months of the year, and 2. such child is in the custody of one or both of his parents for more than one-half of the calendar year.  Then, such child is treated for purposes of determining support, as receiving over half of his support during the calendar year from the parent having custody for a greater portion of the calendar year ("the custodial parent").

There are three exceptions to the special rule of Section 152(e)(1) that deems support provided by the custodial parent: 1. The custodial parent releases the claim for the exemption (Sec. 152(e)(2)(A) and (B)) for current or future years by completing form 8332 (Sec. 152(e)(2)(A)), and the noncustodial parent must attach form 8332 to his return (Sec. 152(e)(2)(B)). 2. Multiple-support agreements (Sec. 152(e) (3)) establish who claims the dependency exemption, or 3. Pre-1985 Agreements provide the non-custodial parent the exemption and the non-custodial parent provides at least $600 of support. (Sec. 152 (e) (4)).”

For more information, visit http://www.irs.gov/

Is a person allowed to give a tax deduction letter as a religious non-profit even if they are not a 501(c) 3? Are churches and religious organizations automatically exempt from taxes?

In most cases, churches and religious organizations are not automatically exempt. They would need to get permission from the IRS to be exempt. The reason for this is so that people can’t abuse the system with false claims. Once the organization petitions the IRS, they will be considered a pending non-profit and will become a full non-profit once the petition becomes approved.

Can a person use their jailed spouse as a reason for tax deduction?

In most cases, a person would be able to get a personal exemption for their spouse and themselves if they are filing a joint return. But the law regarding a “dependent claim” states that a person filing a tax return would need to show that that they are providing at least half of the support to another person to claim them as their dependent. However, in this case, this rule does not matter despite state support being offered to the jailed spouse since a joint return can be filed and personal exemption can be sought. For more information, visit: http://www.bankrate.com/brm/itax/tax_adviser/20030716a1.asp

There are several tax deductions that people seek to reduce their taxable income. However, while you may have come across a few of the problems described above, you may have a specific question that relates to your own unique situation. In times like this, put your queries to Experts who can offer quick and insightful answers to help with your case.

Ask a Tax Professional

Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: General
Satisfied Customers: 572
Experience:  10 years experience
16356563
Type Your Tax Question Here...
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8 Tax Professionals are Online Now

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