tax season got a ? anyone work for IRS? - Honda Pilot

03pilotONE · 01-29-2009, 02:23 PM

hey guys, about to finish up here with our tax using taxact, but have a question? We are a family of 4, but not married, we are engaged, we live on one roof. We are both filing separate since we are not married, I am filing head of house hold and she is filing single, we both worked on 2008, but me making more then her, me at AGI of $36,000 and her with $9,300. children are both our own. wondering if I can claim one child and she claim the other. Are we able to do that without getting audited? has anyone done this before?..

N_Jay · 01-29-2009, 03:42 PM

WARNING LAYMAN'S UNDERSTANDING

As long as you don't double claim them you should be fine, but the question is WHY?

I would think your tax liabilities are minimal and hers darn near zilch (even without claiming a kid), so why would you not want them both on yours?

P.S. All of this could be greatly distorted by any "Obama Tax Rebate" program.

rocky · 01-29-2009, 04:14 PM

Do you have to have a legal marriage or "just" a common law marriage in the eyes of the tax code?

Seems to me that the deductions would be worth more if you take both kids on your higher income. (but then I haven't looked at the tax forms/tables yet)

warning another layperson comment!

03pilotONE · 01-29-2009, 04:21 PM

state of washington does not recognize common law marriage, and reason we both want to claim one kid each is cause we will be getting a large return if we claim one kid each...

N_Jay · 01-29-2009, 05:59 PM

Quote:

Originally posted by 03pilotONE
state of washington does not recognize common law marriage, and reason we both want to claim one kid each is cause we will be getting a large return if we claim one kid each...

State or Fed?

I have trouble believing it is significantly different and in general surprised it is not a lower refund (higher taxes) split.

Double check everything.

jamesbalzer · 01-29-2009, 10:15 PM

Not sure how the Earned Income Credit works, but you may be better off with her claiming both. Surely the IRS thought of that loophole, but I can tell you that my ex-wife and her husband make considerably less than my wife and I. They gain more than we do by claiming our child. My understanding is that because we don't qualify for the EIC we get the minimum benefit. They take the EIC and it jumps a ton with an additional child to claim.

tunergirl · 01-30-2009, 11:24 AM

Have you thought about trying to claim her on your taxes. YOu did support her for over 6 months with over half your income. My husband and I did that when we got together. I had my 2 children and he claimed me and my daughter and my ex claimed my son. If you are not sure I would ask the question on tacact. There should be a way to ask them I know there is in turbotax.

jdeanski · 01-31-2009, 08:52 AM

Don't follow the following advice....but..... You can claim anything you want as long as you don't get audited!

N_Jay · 01-31-2009, 09:23 AM

Run it a few different ways.

Pay the least taxes. (no matter what Biden says is patriotic)

If you are worried go online and run it under TurboTax also, and see what it tell you.

Unless you are planning on being appointed to Obama's cabinet. In that case you don't need to pay taxes at all.

01-29-2009, 02:23 PM	#1 (permalink)
03pilotONE Registered User Join Date: Jan 2007 Posts: 29 Feedback Score: 0 reviews	tax season got a ? anyone work for IRS? hey guys, about to finish up here with our tax using taxact, but have a question? We are a family of 4, but not married, we are engaged, we live on one roof. We are both filing separate since we are not married, I am filing head of house hold and she is filing single, we both worked on 2008, but me making more then her, me at AGI of $36,000 and her with $9,300. children are both our own. wondering if I can claim one child and she claim the other. Are we able to do that without getting audited? has anyone done this before?..

01-29-2009, 03:42 PM	#2 (permalink)
N_Jay Registered User Join Date: May 2002 Location: Chicago, NW Burbs Posts: 13,553 Feedback Score: 0 reviews	Re: tax season got a ? anyone work for IRS? WARNING LAYMAN'S UNDERSTANDING As long as you don't double claim them you should be fine, but the question is WHY? I would think your tax liabilities are minimal and hers darn near zilch (even without claiming a kid), so why would you not want them both on yours? P.S. All of this could be greatly distorted by any "Obama Tax Rebate" program. __________________ However beautiful the strategy, you should occasionally look at the results. Sir Winston Churchill

01-29-2009, 04:14 PM	#3 (permalink)
rocky Super Senior Member Join Date: Jul 2004 Location: Red Sox Nation Posts: 7,175 Feedback Score: 0 reviews	Do you have to have a legal marriage or "just" a common law marriage in the eyes of the tax code? Seems to me that the deductions would be worth more if you take both kids on your higher income. (but then I haven't looked at the tax forms/tables yet) warning another layperson comment! __________________ https://www.facebook.com/pages/Chris...19131498101662

01-31-2009, 08:52 AM	#8 (permalink)
jdeanski Drill Here, Drill Now Join Date: Apr 2004 Location: North Florida Posts: 1,839 Feedback Score: 0 reviews	Don't follow the following advice....but..... You can claim anything you want as long as you don't get audited! __________________ 2004 Starlight Silver, OEM Self installed accessories: Rear Splash Guards, Running Boards, Trailer Hitch with Wiring Harness, Auto Dim Mirror, Cargo Tray, Chrome Exhaust Tips. Non OEM self installed: PIAA Extreme White Headlight Bulbs, USA Spec 6 Disc OEM type Changer, Polk db 65 speakers in front and rear doors, K&N Filter, Hardwired Valentine V1, Redline Water Wetter, Weathertech License Plate Frame, In Channel Weatherflectors, Audiovox Express, Catch-All Premium Mats, Michelin Cross Terrain's, Real Rosewood Dash Kit from Sherwood, Fullsize Spare, Bosch Micro Edge Excel Wiper Blades, T-Rex Billet Grill, Mobil 1 0w20 Oil, TYC clear taillights, garmin nuvi 660 1984 Jeep CJ7 2004 Pontiac Vibe

01-31-2009, 09:23 AM	#9 (permalink)
N_Jay Registered User Join Date: May 2002 Location: Chicago, NW Burbs Posts: 13,553 Feedback Score: 0 reviews	Run it a few different ways. Pay the least taxes. (no matter what Biden says is patriotic) If you are worried go online and run it under TurboTax also, and see what it tell you. Unless you are planning on being appointed to Obama's cabinet. In that case you don't need to pay taxes at all. __________________ However beautiful the strategy, you should occasionally look at the results. Sir Winston Churchill

01-29-2009, 04:21 PM	#4 (permalink)
03pilotONE Registered User Join Date: Jan 2007 Posts: 29 Feedback Score: 0 reviews	state of washington does not recognize common law marriage, and reason we both want to claim one kid each is cause we will be getting a large return if we claim one kid each...

01-29-2009, 10:15 PM	#6 (permalink)
jamesbalzer Junior Member Join Date: Apr 2008 Location: Cheyenne, WY Posts: 21 Feedback Score: 0 reviews	Not sure how the Earned Income Credit works, but you may be better off with her claiming both. Surely the IRS thought of that loophole, but I can tell you that my ex-wife and her husband make considerably less than my wife and I. They gain more than we do by claiming our child. My understanding is that because we don't qualify for the EIC we get the minimum benefit. They take the EIC and it jumps a ton with an additional child to claim.

01-30-2009, 11:24 AM	#7 (permalink)
tunergirl Registered User Join Date: Jan 2008 Location: Leesburg, Virginia Posts: 145 Feedback Score: 0 reviews	Have you thought about trying to claim her on your taxes. YOu did support her for over 6 months with over half your income. My husband and I did that when we got together. I had my 2 children and he claimed me and my daughter and my ex claimed my son. If you are not sure I would ask the question on tacact. There should be a way to ask them I know there is in turbotax.

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