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California Personal Tax Question-

Bear Down

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I currently have a Fianc?e that I met a few years ago and now I have 2 step children. My fianc?e is a stay at home mom to my daughter and step kids and the agreement with the step kids dad is that she claims one and he claims the other kid. She has had 0 work income in two years and I have been supporting the family, she does get minimal child support. Since she is not working and doesn't have a W-2 and I believe she doesn't need to file, that leaves a void for her kid to be claimed on her taxes. I asked my tax guy last year about claiming a step child and he mentioned it can raise a FLAG since the last name is different. Her EX is a douche, so there is no considering of letting him claim the 2 kids and splitting the return. What are my options at this point if any or options for my Fianc?e? I am in Sales and have been for 19 years, so my returns have plenty of write offs. Any and all experiences and advice is greatly appreciated.


Thank you!

Memo
 

Singleton

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Once married, fill a joint return and calm your step-child. I have 2 step-sons and my wife was granted the right to claim both kids every year on her taxes. Once married and we started filling joint returns, I claimed both without any issues.
 

shintoooo

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You can claim both your fiance and her child as "dependents" If you are providing more than half of their support. You can''t claim the child as a "qualifying child" meaning you can't get child tax credit but you can claim him as a dependent if you are providing more than half of his support.

Here's a test you can take from the IRS website. CA follows IRS law with regards to dependents.

https://www.irs.gov/uac/who-can-i-claim-as-a-dependent
 

shintoooo

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I want to add that once you get married, you will qualify for the child tax credit for your step children.
 

Deja_Vu

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Claim head of household and claim the one kid you are supporting that she has an agreement for.
I don't think a last name matters, the kids ssn is what matters.
 

3.Slow

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You can claim both your fiance and her child as "dependents" If you are providing more than half of their support. You can''t claim the child as a "qualifying child" meaning you can't get child tax credit but you can claim him as a dependent if you are providing more than half of his support.

Here's a test you can take from the IRS website. CA follows IRS law with regards to dependents.

https://www.irs.gov/uac/who-can-i-claim-as-a-dependent
This is what i did for years before my wife and I got married. I claimed her and 1 or 2 of her 3 kids depending on the year as it rotated with the kids dad.
 

Bear Down

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You can claim both your fiance and her child as "dependents" If you are providing more than half of their support. You can''t claim the child as a "qualifying child" meaning you can't get child tax credit but you can claim him as a dependent if you are providing more than half of his support.

Here's a test you can take from the IRS website. CA follows IRS law with regards to dependents.

https://www.irs.gov/uac/who-can-i-claim-as-a-dependent

Took the survey, and both qualify as dependents. We are getting married in 2017 so for my 2017 taxes I will use the 1 kid as a qualified child. One more question, for the 2nd kid, I still provide more than half the support as well, can I also claim as a dependent (3 total)?

As of now I am just using my daughter as qualified Child, but when I file my 2016 taxes I will include my Fianc?e and 1 step child as qualified dependents. Appreciate all the feedback!
 

shintoooo

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Took the survey, and both qualify as dependents. We are getting married in 2017 so for my 2017 taxes I will use the 1 kid as a qualified child. One more question, for the 2nd kid, I still provide more than half the support as well, can I also claim as a dependent (3 total)?

As of now I am just using my daughter as qualified Child, but when I file my 2016 taxes I will include my Fianc?e and 1 step child as qualified dependents. Appreciate all the feedback!

If her ex is claiming the other child, you cannot claim them.
 

shintoooo

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Yes he is, so even as a dependent I can't?

If that is in their divorce agreement then no you can't. If it's not part of their agreement and it's something they have verbally agreed to then it's up to you since the first person that files the return wins lol. I personally would let sleeping dogs lie and wouldn't pull that kind of move as I've seen it get pretty messy with some of my clients.
 

Bear Down

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If that is in their divorce agreement then no you can't. If it's not part of their agreement and it's something they have verbally agreed to then it's up to you since the first person that files the return wins lol. I personally would let sleeping dogs lie and wouldn't pull that kind of move as I've seen it get pretty messy with some of my clients.

Sleeping Dogs is a better breed...I will leave as is. I was a bit confused as to Dependent vs Qualified Child, but it seems if you claim either , then its off limits to another altogether. Appreciate the help, insight and advise.
 

aka619er

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Took the survey, and both qualify as dependents. We are getting married in 2017 so for my 2017 taxes I will use the 1 kid as a qualified child. One more question, for the 2nd kid, I still provide more than half the support as well, can I also claim as a dependent (3 total)?

As of now I am just using my daughter as qualified Child, but when I file my 2016 taxes I will include my Fianc?e and 1 step child as qualified dependents. Appreciate all the feedback!

I'm no Shintoooo, but I would have claimed head of the household as well as all 3 as dependents. He can claim the qualified child since they are splitting them. My reasoning is that he isn't providing constant support and they are with you 12 months a year so he shouldn't be claiming the dependent either. In my mind it would be an easy case. Provide the required child support and you can claim them the way you wish.
 

shintoooo

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I'm no Shintoooo, but I would have claimed head of the household as well as all 3 as dependents. He can claim the qualified child since they are splitting them. My reasoning is that he isn't providing constant support and they are with you 12 months a year so he shouldn't be claiming the dependent either. In my mind it would be an easy case. Provide the required child support and you can claim them the way you wish.

He can certainly do that but you'll learn quickly when dealing with clients that money is not everything. He has to get along with his stepchild's father for the sake of the kids, his ex and his own sanity. If you always go full force trying to get as much money back just because you can, it will come back to haunt you. ;) Sometimes it's just not worth it.
 

rivrrts429

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He can certainly do that but you'll learn quickly when dealing with clients that money is not everything. He has to get along with his stepchild's father for the sake of the kids, his ex and his own sanity. If you always go full force trying to get as much money back just because you can, it will come back to haunt you. ;) Sometimes it's just not worth it.

Truth! Some don't realize the difference between price and cost [emoji106]
 

aka619er

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He can certainly do that but you'll learn quickly when dealing with clients that money is not everything. He has to get along with his stepchild's father for the sake of the kids, his ex and his own sanity. If you always go full force trying to get as much money back just because you can, it will come back to haunt you. ;) Sometimes it's just not worth it.

I can agree with you Shintoooo. Like I said you are the man. I was just stating it the way I interpreted the case with the facts given. You and I both know that you can only do what we can with the information provided. In a case like this, it would be very easy to leave out the ex to claim the dependent since it wasn't stated if he was actually claiming one as a dependent or not since we cant see his 1040, just that there was some sort of deal that he could. For all we know, he is claiming both kids knowing the ex has no income.

Since the tax guy told him not to claim any as it would be a red flag, I would strongly consider another tax man...
 

shintoooo

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I can agree with you Shintoooo. Like I said you are the man. I was just stating it the way I interpreted the case with the facts given. You and I both know that you can only do what we can with the information provided. In a case like this, it would be very easy to leave out the ex to claim the dependent since it wasn't stated if he was actually claiming one as a dependent or not since we cant see his 1040, just that there was some sort of deal that he could. For all we know, he is claiming both kids knowing the ex has no income.

Since the tax guy told him not to claim any as it would be a red flag, I would strongly consider another tax man...

I agree, especially getting a new tax man part lol :D
 

Bear Down

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I agree, especially getting a new tax man part lol :D

Yeah, I am very cordial to the Ex and that's about it, he's a tool and I'll leave it at that. Maybe my tax guy suggesting not to claim the kid since he knew I wasn't marred yet was the reason behind it , IDK? I've been with him 18 years, I've been itching to get a new tax guy though. Any suggestions on who is willing to take on new clients ? I am in West Covina.
 
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