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My daughter had a child last year and her and the babies…

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My daughter had a...

My daughter had a child last year and her and the babies father are not together . She asked to file this year and claim him since he doesn't pay child support and he makes 70 grand and she only makes around 18k he told her that by law he has to file this year because he makes more money and they have 50/50 custody . I'm wanting to see if this is true ?

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

That's it I believe

Submitted: 3 months ago.Category: Tax
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1/9/2018
Tax Professional: Tax.appeal.168, Tax Accountant replied 3 months ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Customer reply replied 3 months ago
Ok we live in NC
Tax Professional: Tax.appeal.168, Tax Accountant replied 3 months ago

In brief, when parents have 50/50 custody of the child, the parent with the highest AGI is usually the parent that can claim the child as a dependent. However, if the baby's father wanted to, he could allow the mother to claim the child. It is not mandatory that he claim the child. Still writing...

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Tax Professional: Tax.appeal.168, Tax Accountant replied 3 months ago

Tie-Breaker Rules

Under the tie-breaker rule, the child is treated as a qualifying child only by:

  • The parents if they file a joint return;
  • The parent, if only one of the persons is the child's parent;
  • The parent with whom the child lived the longest during the tax year, if two of the persons are the child's parent and they do not file a joint return together.
  • The parent with the highest AGI if the child lived with each parent for the same amount of time during the tax year, and they do not file a joint return together;
  • The person with the highest AGI if no parent can claim the child as a qualifying child; or
  • A person with the higher AGI than any parent who can also claim the child as a qualifying child but does not.

REFERENCE SOURCE:

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-of-more-than-one-person

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There is nothing special that the father has to do in order to let the mother claim the child.

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