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Level 2
June 8, 2022
Question

Claiming Parent as a dependent

  • June 8, 2022
  • 7 replies
  • 25 views

I have three questions. Below is the background information to answer the questions:

My client, Julie, is a US citizen. Her mother is a US citizen, but is also considered a “landed immigrant” in Canada. Julie’s mother has lived and worked in Canada for the past 30 years.  Her only income will be her pension from her Canadian job which is ~$30,000 USD annually. Julie’s mother has paid Canadian income taxes, but has not filed a US tax return in 30 years.

Julie’s mother is now retired as of this year and has moved back to Georgia to be with Julie.

 

Question 1: Julie is taking care of her mother. Can she change her tax status from Single to Head of Household and claim her mother as a dependent even if her mother is receiving $30K annually from a pension? Is a pension excluded from “earned income”?

 

Question 2: The pension Julie’s mom is receiving is in Canadian dollars and deposited to her Canadian bank account. She is then transferring the funds to a US bank account and paying the current exchange rate.  Since Julie’s mom is now living in US as of 2022, does she still need to file a Canadian income tax return in addition to a US tax return?

 

Question 3: Is Julie’s mom liable for 30 years of back taxes because she is a US citizen and didn’t file a US income tax return for the past 30 years? What would be her first step in rectifying this issue?

    7 replies

    Level 5
    June 8, 2022

    1 - See IRS publication 501, https://www.irs.gov/pub/irs-pdf/p501.pdf for requirements to claim a parent.

     

    2 - The mother has a filing obligation in the U.S. I do not know the filing requirements for Canadian tax laws. Also, she is probably subject to the FBAR and FATCA requirements.

     

    3 -  Your situation is complex and will require a legal opinion. Since the mother failed to file taxes for 30 years and has never filed any FBAR or FATCA forms.

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    Level 2
    June 8, 2022

    Thank you for your response. I read the 501 publication and it doesn't mention pensions. If that is the mother's sole income, then that would be excluded because it isn't "earned income", right?

    Level 5
    June 8, 2022

    As long as you provide over 50% of the support for her regardless of the amount, you are ok.

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