Open TurboTax

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
Announcements
Your taxes, your way. Get expert help or do it yourself. >> Get started
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

cancel
Showing results for 
Search instead for 
Did you mean: 
sexyemily12
New Member

If we have a agreement with my stepdaughters father saying he can claim her is it legal for him to allow her grandfather to claim her

 
2 Replies
Anonymous
Not applicable

If we have a agreement with my stepdaughters father saying he can claim her is it legal for him to allow her grandfather to claim her

the IRS doesn't give a hoot about legal agreements court-ordered or otherwise.

in order for the grandfather to claim her, all these tests must meet: 

1)1) be the taxpayer's child, stepchild, eligible foster child or descendant of any of them such as a grandchild or brother, sister half-brother, half-sister, stepbrother, stepsister or descendant of any of them such as a niece or nephew, legally adopted child or place with the taxpayer for legal adoption or lived in the taxpayers household for the entire calendar year
2) her gross income for 2019 less than $4,200
3) taxpayer provides over ½ his support
4) isn’t a qualifying child of another taxpayer. A person is not considered to be the qualifying child of another taxpayer if that other taxpayer is not required to file a tax return and that person (1) does not file such return or (2) does file solely to claim a refund of withheld taxes. This exception doesn’t apply when the other taxpayer files a return to receive the earned income credit.

 

Generally the parent's and especially the custodial parent has first crack at claiming their child.  in that case the following tests must be meet.  

the child must
1) be the taxpayer's child, stepchild, eligible foster child or descendant of any of them such as a grandchild or brother, sister half-brother, half-sister, stepbrother, stepsister or descendant of any of them such as a niece or nephew, legally adopted child or place with the taxpayer for legal adoption
2) be any of the following a) under age 19 at the end of the year b) a full-time student and under age 24 at end of the year c) ot any age if totally and permanently disabled
3) have the same principal abode as taxpayer for more than ½ the tax year.
4) Child hasn’t provided over ½ their own support
5) No joint return with the exception for a joint return filed only to claim a refund of tax withheld when neither spouse is required to file and no tax liability would exist for either spouse if separate returns were filed
6) Not be a qualifying child of another taxpayer with a higher priority under the tie-breaker rules

 

 

if there is a violation of a legal agreement, that's a matter for attornies and the courts.  

Critter
Level 15

If we have a agreement with my stepdaughters father saying he can claim her is it legal for him to allow her grandfather to claim her

If you gave the non custodial parent a form 8332 so that they can claim the child then only they can claim the child.  Anyone else must abide by the IRS rules on claiming a dependent ... if they do not live with the child for more than 1/2 the year then they don't pass the very first test. 

About Community

Learn about taxes, budgeting, saving, borrowing, reducing debt, investing, and planning for retirement.

3.48m
Members

2.6m
Discussions

Manage cookies
v