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Myself and my ex.wife alternate claiming our daughter in the…

Myself and my ex.wife alternate...
Myself and my ex.wife alternate claiming our daughter in the USA(Federal and State) tax return. This year(2017) I can claim my daughter in the tax return. I pay 40% of the child care amount to my ex.wife as per the marriage settlement agreement every year. My ex.wife already provided the form 8832.Shall I claim the 100% of the child care amount that was paid or I can claim only the 40% I paid, in my tax return?I am not sure whether my ex.wife claimed 100% or 60% in the tax return last year. Do I need to check with her?Do I need any other forms from my ex.wife?Please let me know
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Answered in 8 minutes by:
3/12/2018
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,704
Experience: Taxes, Immigration, Labor Relations
Verified

The custodial parent is the parent with whom the child lived for the greater number of nights during the year.

The other parent is the noncustodial parent.

Based on your information - you are the noncustodial parent.

.

The custodial parent must use either Form 8332 or a similar statement (containing the same information required by the form) to make the written declaration to release the exemption to the noncustodial parent. The noncustodial parent must attach a copy of the form or statement to his or her tax return.

.

If a child is treated as the qualifying child of the noncustodial parent under the rules for children of divorced or separated parents (or parents who live apart) described earlier, only the noncustodial parent can claim an exemption and the child tax credit for the child.

However, the custodial parent, if eligible, or other eligible person can claim the child as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit.

You as a noncustodial parents are NOT eligible to claim the credit for child and dependent care expenses.

Sorry if you expected differently.

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Customer reply replied 1 month ago
Thanks for your response. As per the marriage settlement agreement, I can claim my daughter in the tax return and as you mentioned, I am the non custodial parent.As per your response, my understanding is that I can claim an exemption and the child tax credit for the child however I cannot claim the credit for child care expenses. Is the understanding correct?

That is correct.

As a noncustodial parent - you may claim the child with attached form 8332.

You are eligible for all other tax benefits besides these five I mentioned above - and you are not eligible to claim the credit for child care expenses.

The custodial parent still is eligible to claim this credit regardless who actually paid expenses.

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Customer reply replied 1 month ago
Thanks for your response. You mentioned five tax benefits in your response. I don't see them in your response. Could you please let me know what are those benefits?

However, the custodial parent, if eligible, or other eligible person can claim (1)the child as a qualifying child for head of household filing status, (2)the credit for child and dependent care expenses, (3)the exclusion for dependent care benefits, and (4)the earned income credit.

Four items - sorry not five - and teh custodian parent if eligible - still may claim these benefits.

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Customer reply replied 1 month ago
My wife and child are in India and I am doing the immigration processing to bring them here. Can I claim them in my tax return?

You may claim your spouse - if you both choose to treat your spouse as a resident alien for tax purposes and choose to file a joint tax return.

Regarding your child - you can’t claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

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Customer reply replied 1 month ago
We got married in February 2017. My wife is still in India and she does not have a TIN number. Can I request one while filing the tax return?

Yes - your spouse may apply for ITIN and attach a joint tax return to that application.

As long as you were married on the last day of the tax year - for tax purposes you are considered as married for the entire year - and you are eligible.

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I appreciate if you take a moment to rate the answer.

Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all Social Security / Tax related issues
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,704
Experience: Taxes, Immigration, Labor Relations
Verified
Lev and 87 other Tax Specialists are ready to help you
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Let me know if you want to discuss now or we may schedule a call for tomorrow.

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Customer reply replied 1 month ago
I want to discuss now
Customer reply replied 1 month ago
Please call me

https://www.irs.gov/pub/irs-pdf/iw7.pdf

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https://www.irs.gov/pub/irs-pdf/f4868.pdf

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Regarding your choice to file jointly...

https://www.irs.gov/pub/irs-pdf/p519.pdf

page 9

Nonresident Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

How To Make the Choice
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.
A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

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Regarding supporting documents for ITIN application

https://www.irs.gov/pub/irs-pdf/iw7.pdf

page 2

Supporting Documentation Requirements
The documentation you provide must meet the following requirements.
1.
You must submit documentation to establish your identity and your connection to a foreign country (“foreign status”). Applicants claimed as dependents must also prove U.S. residency unless the applicant is from Mexico or Canada or the applicant is a dependent of U.S. military personnel stationed overseas.
2.
You must submit original documents, or certified copies of these documents from the issuing agency, that support the information provided on Form W-7. A certified document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the agency. You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so it is recommended that you contact the appropriate consulate or embassy for specific information.

See attached extract

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Regarding NJ filing status...

http://www.state.nj.us/treasury/taxation/pdf/pubs/tgi-ee/git4.pdf

If you file a federal income tax return, you must use the same filing status on your New Jersey Income Tax return as you do on your federal return

However, if during the entire tax year one spouse was a resident of New Jersey and the other a nonresident, the resident can file a separate New Jersey return, if required.

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Customer reply replied 1 month ago
That means I can file a tax return for New Jersey without including my wife. Is it correct?
Customer reply replied 1 month ago
Even though I file a joint federal tax return for federal
Customer reply replied 1 month ago
With my wife

Yes - that is correct - NJ allows you to file separate tax return based on the fact that your spouse is NOT NJ resident

even you file a joint federal tax return.

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Customer reply replied 1 month ago
You mentioned that the refund check will be on both of our names. The Check needs to be endorsed by both of us. We don’t have a joint account in USA since my wife is in India. How can I deposit the check or shall I ask for direct deposit of the refund into my account
Customer reply replied 1 month ago
Your service is excellent. Did you get a chance to respond to my question?

You may deposit the check into your only bank account - that is not an issue.

Or you may cash the check in any check cashing service.

However - if the check will be in two names - it must be endorsed by both parsons listed.

To avoid issues - use direct deposit.

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Customer reply replied 1 month ago
Ok. I will use direct deposit. That account need not be a joint account, correct. It will be on my name only
Customer reply replied 1 month ago
Did you get a chance to answer my question?

Hi - I do not see any questions - just a statement - please verify?

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Customer reply replied 1 month ago
Will I be able to use an account which is on my name only for direct deposit?

Yes - you may use your only account for direct deposit.

That is not an issue.

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Customer reply replied 1 month ago
Do I need any other forms from my ex.wife other than form 8832? Do I need any form from my ex.wife for New Jersey state tax return?

You do not need any forms from your ex-spouse.

But if you as a noncustodial parent want to claim a child as a dependent - you would need a release form 8832.

New Jersey state tax return will be based on federal.

No additional forms.

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Customer reply replied 1 month ago
My lawyer told me that as long as my ex.wife does not claim credit for child care expenses, I can claim credit for child care expenses. Please clarify.

Please be aware that experts are credited as per question.

I really appreciate if you start posting separate question.

Thank you for cooperation.

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Customer reply replied 1 month ago
Sure. I was about to ask you. You are providing excellent service. I will ask a new question. Please refer this question for details
Customer reply replied 1 month ago
I asked the new question. Please provide the response
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Lev
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,704
32,704 Satisfied Customers
Experience: Taxes, Immigration, Labor Relations

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