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rita1231
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dependents

my neice her boyfriend and their baby live with my sister who pays all of the bills my neice was 23 at end of 2018 went to school four months in 2018 byt made under 3,000 the boyfriend made 14000 my neice also has health insurance for the baby through the state of michigan who can claim who what should my neices filing status be who should claim the baby what should the boyfriends filing status be can my sister claim all of them.

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5 Replies

dependents

Best to run your scenario through the official IRS tool

https://www.irs.gov/help/ita/does-my-childdependent-qualify-for-the-child-tax-credit-or-the-credit-f...

Boyfriend makes too much money to be a dependent

dependents

1. Your niece (the taxpayer's daughter), can be claimed as a dependent if her mother (your sister) paid more than half her support for the year and your niece had less than $4150 of taxable income.  If the taxpayer is not sure if she paid half her daughter's expenses, there is a worksheet here.  https://www.irs.gov/forms-pubs/about-publication-501  Your niece would file as single and check the box for "I can be claimed as a dependent by another taxpayer."

 

2. The baby (the taxpayer's grandchild) can be claimed as a dependent by the grandmother if all the following statements are true:

a) the baby lived in the grandmother's home  more than half the year, or more than half the days since she was born if born in 2018,

b) neither the child's mother or father will claim the baby as a dependent (both parents agree to let the grandparent claim the child),

c) the grandmother has more taxable income than either the baby's mother or father. (Depending on your sister's age and situation, remember that social security is not taxable.)

 

3. The boyfriend can't be a dependent of your sister.  His income disqualifies him.

 

4. The boyfriend OR the niece could claim the child as a dependent if they wanted to, as long as the baby lived in the same home with its parents more than half the year, or more than half the days since she was born if born in 2018.  Who would get the biggest refund for claiming the baby (mother, father or grandmother) depends on who has the highest taxable income.  While the father or mother would qualify for some EIC, they would not get the full child tax credit.  It's probably best for the grandmother to claim the baby as a dependent, but to get an exact figure, the different scenarios would have to be tested.

 

5. Whoever claims the baby as a dependent can also file as head of household instead of single, but only if they are the person who pays more than half the total household expenses.  (My guess is this is the grandmother.)   Everyone who can't file as head of household files as single.  If the baby is claimed as a dependent by someone who does NOT pay more than half the household expenses, then everyone files as single (unless your sister is married and you didn't mention it).  

 

6. The boyfriend might be able to claim your niece (his girlfriend) as a dependent, if he paid more than half her living expenses for 2018. This may require some calculations.  The boyfriend and grandmother can't both pay more than half the expenses of the mother.  But if, for example, the grandmother paid the baby's expenses but the boyfriend paid his own and his girlfriends expenses, it might work out that way.

 

I suspect that in the end, the grandmother claims both the grandchild and her adult daughter, and the boyfriend stands alone.  But all the fact must be considered.  All these rules are covered in publication 501.

 

7. I have no idea how any of this will impact the child's qualifications for state insurance.

dependents

Rather than trying to comprehend the complexities of the IRS publication , the app that I referenced earlier in this thread does all that analysis for you.

It also ensures that you have a valid source (the IRS) vs. an anonymous website (TT community) that ensures the answer is authoritative

dependents

Whatever.  The IRS app doesn't tell you about EIC, and I don't think it will tell you about the head of household situation (the fact that just because the boyfriend can claim the dependent doesn't mean he can claim HOH, or that it works out best for everyone.)

 

I'm intrigued that you answer questions anonymously on the internet and then tell people not to trust anonymous people on the internet.

dependents

Actually, the IRS has apps that answer those questions as well

https://www.irs.gov/help/ita

It is a verified source better than anyone on this board can be and takes into account all scenarios which this board sometimes assumes (e.g. it is normally assumed that the children in question are US citizens with SS #)

I appreciate this is a community of trust , but if there is a source that is more trustworthy - and who more trustworthy than apps developed and posted on the IRS website - why not use that to ensure the specific scenario with all the critical questions are answered
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