Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

MY SON WANTS TO CLAIM S BABY THAT WAS BORN IN MARCH 2015 HE…

Customer Question
MY SON WANTS TO CLAIM...
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: 2 years ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 6 minutes by:
3/2/2016
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 2 years ago
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 14,454
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Verified

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

...

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.

...

QUALIFYING CHILD

...

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

...

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

...

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

...

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.

...

Ask Your Own Tax Question
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 2 years ago

Now here's qualifying relative:

...

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

...

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.

...

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.)

...

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

...

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

Ask Your Own Tax Question
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 2 years ago

Can you tell how things stack up there?

...

let me know and we can go from there

...

I'll be here,

Lane

.

Ask Your Own Tax Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a tax professionalLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lane Your Own Question
Lane
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 14,454
14,454 Satisfied Customers
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986

Lane is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,512 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,569 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
I declared my mother in law as a dependent for the first
Good morning. I declared my mother in law as a dependent for the first time and our jointly filed returns were returned because IRS said that she was deceased. We had given the correct SS# ***** DOB. … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
How do I ( head of house 2018 or? ) file if my dependent
How do I ( head of house 2018 or ? ) file if my dependent child will still be living with me although needing to get her own established address of residency for filing her own taxes for 2018. She has… read more
abci168
abci168
Principal
27 satisfied customers
I am divorced and i the divorce decree it states my
I am divorced and i the divorce decree it states my x-husband and I can claim our one dependent every other year. However if my child support is not current I can claim her. My child support was not current in 2017, and I was going to claim our child. My x-husband claimed her. We sat down and discussed this and he said he would let me claim her for the next three years. Well I didn't want to settle for a verbal agreement, so I filed a Stipulation with the courts to state I can file for the next three years. He would not sign the Stipulation and now says he will file an ammendment and I can file an ammendment. He told me the other day he filed his amendment, so now I can file mine. However, I do not trust him and would like to find out it he really filed his amendment before I file mine. I don't want to get in trouble and I believe he would lie to me to have me file the amendment. Is there anyway I can find out if he actually filed his amendment? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Employee has 1 dependent his gross income is $220.00 how
employee has 1 dependent his gross income is $220.00 how much fed taxes ss taxes, medicare, and state taxes comes out please break it down by dollars and cents please give me the net pay thanks … read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,283 satisfied customers
Child and Dependent Tax Form 2441 Error: IRS Rejected return
Child and Dependent Tax Form 2441 Error: IRS Rejected return due to dependent's social security number being used on someone else's From 2441. Child is my dependent this tax year, I am Head of Househo… read more
Shan-Nel Simmons
Shan-Nel Simmons
Tax Professional/Owner
Master\u0027s Degree
43 satisfied customers
I am e-filing a joint return with my husband for 2017 tax
I am e-filing a joint return with my husband for 2017 tax year can the refund go to my checking account even though he is the higher earner… read more
Lane
Lane
JD, CFP, MBA, CRPS
14,454 satisfied customers
Is this true: filing a joint return as allowed for the year
Is this true: filing a joint return as allowed for the year of death - then you would need to report all income for both of you which includes a forgiven debt reported on Form 1099-C.… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Jeannie are married and file a joint return. They have four
Tony and Jeannie Nelson are married and file a joint return. They have four children whose ages are: 15,17,19 & 23. The three youngest live at home with their parents and qualify as their dependents. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,906 satisfied customers
Can a child be claimed as a dependent if he is not the
Can a child be claimed as a dependent if he is not the biological child but does live in the home. … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
Taxes. In regards to the new tax laws. The child credit.
Taxes.In regards ***** ***** new tax laws.The child credit. Please explain. I have 4 kids. Is it a deduction or a credit. And is there a limit and I believe I read It's 2k per kid. Do you simply get c… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I AM 53 AND AM MARRIED FILING A JOINT RETURN I WITHDREW
I AM 53 AND AM MARRIED FILING A JOINT RETURN I WITHDREW $51,636 FROM MY 401K AND PAID THE TAXES OF 20% TO THE FEDERAL AND 5% TO THE STATE OUR TAXABLE INCOME IS $201,500...HOW MUCH MORE SHOULD I HAVE P… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
This question is in regards to the child and dependent care
This question is in regards ***** ***** child and dependent care credit for a non working spouse who attended an art institute full time for 9 months. It is not accredited meaning that it would not qu… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,283 satisfied customers
Divorced filing taxes and my ex claimed dependant out of
divorced filing taxes and my ex claimed dependant out of turn what do I do? … read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,395 satisfied customers
Does a divorce agreement to alternate claiming a child as a
Does a divorce agreement to alternate claiming a child as a dependent take precedence over the irs rules regarding support and residency? My daughter and her ex have not kept exact records of custody.… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,395 satisfied customers
The taxpayer's dependent child is a graduating student in
The taxpayer's dependent child is a graduating student in 2017, the parents still supports until mid of the year, she doesn't have 1098 anymore coz the parents claimed it in 2016, the child has earnin… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,395 satisfied customers
If a child is a dependent for tax purposes, is that
If a child is a dependent for tax purposes, is that individual's income used to determine eligibility for medicaid?… read more
abci168
abci168
Principal
27 satisfied customers
Divorce decree states we each get to claim a child for our
Divorce decree states we each get to claim a child for our income taxes, but she is refusing to fill out the form for me to be able to claim a child. Thanks, Bill… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,283 satisfied customers
If my gross income is 30000, not married and no dependents,
If my gross income is 30000, not married and no dependents, can you tell me approximately how much I would expect to pay in federal tax, state tax and SS? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x