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Tax Expert Help Please

cbxjeff
Usually I'm pretty good at this as I've been paying for 51 years!

My son has legal custody of his neice. So dependantcy is not the question. However, the girl receives social security survivor benefits. How does this enter into the picture? Even with her income he still has the +50% of her support.

Thanks guys,
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3 comments

Date Votes
  • Warbirds
    He should check out Turbo tax, for the $30-40 it might cost him, it is really good at understanding how things like this will effect his taxes.
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  • neacpa
    If the child (1) lived with him at least six months of the year 2007, (2) is not age 19 or older (unless a full-time student between 19-24) and (3) he has provided over 1/2 of her support, then she can qualify as a dependent.

    However, there are tie-breaker rules. If a person can qualify as a dependent by more than one person, then the tie-breaker rules apply. The order of the rules are basically (1) if the parents file a joint return, then they claim her (2) the parent, if only one of the persons is the childs parent, (3) if both persons who qualify are the parents, then the parent who had physical custody of the child the longest, (4) if the child lived with both parents equal amount of time, then the person with the highest adjusted gross income, and (5) if none of the persons eligible to claim the child is the parent, then that person with the highest adjusted gross income.

    So basically, if the girl is less than 19, he provides over half of her support and there are no other blood relatives in the house who might be able to claim her, then yes he can claim her. And if income limitations are not exceeded he can claim earned income tax credits and the child tax credit on her.

    EDIT: I don't know if you were asking, but her social security benefits are in no way, shape or form to be reported on his tax return. That is her income, not his.
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  • cbxjeff
    Yes, that's was where I have a problem nea. I know she qualifies as a dependant. I just don't know where her S.S. income figures in.

    Yeah Dave, I have Turbo Tax and my son started looking into this a couple of days ago when I was at the Shot Show. He called tonight and wasn't sure what the deal is. I'm to tired to look at TT tonight and thought I might get some help here - and I have. Thanks to both of you guys.
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