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#4
09-10-2003, 06:21 AM
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 Re: Earned Income Tax Question - quote - > > > Can the parent still claim the child for EIC and not take
True but I've lost track of how many people I know who went> > > the child as a dependent. > > If the child's main place of residence is at school for more > > than half of the year, you can't claim EIC at all. > But if the child lived at home except for a temporary > absense at schoool -- and temporary can be the whole time > she was a full time student -- the temporary absense does > not count. away for school.....and never came back or lived there year round. The code actually reads "main place of abode", which IMO isn't hard to establish with a student. They either live away from home on a temporary absence or they simply live away from home. -- David M. Woods, EA Boston, MA 02109 Postings here are general information only and not to be relied upon as advice. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#3
09-08-2003, 02:30 AM
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| Re: Earned Income Tax Question John H. Fisher <taxservice[at]aol.compliance> wrote: - quote - > rutgers10[at]aol.com (Rutgers10) writes:
Support is not an issue to claim the child for EIC unless the> > If a taxpayer has a child (the child is away at college), > > the child is a full time student, the parent and child lived > > in the US, and the taxpayer had income of less than $20,000, > > however the child while working in the summer made > > approximately $12,000 which they spent on themselves > > > Can the parent still claim the child for EIC and not take > > the child as a dependent. And can the child claim themselves > > as a dependent since they provided more than half their own > > support. > The parent may not claim the child, in this case, unless it > can be shown that the parent provided more than 1/2 the > child's support. tie-breaker rules have to be invoked due to disagreement between several people who wish to claim EIC based on that child. - quote - > The parent could continue to file as head
__> of household and the child would file as single, claiming > itself, on its own return. Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#2
09-07-2003, 04:47 AM
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| Re: Earned Income Tax Question Rutgers10 <rutgers10[at]aol.com> wrote: - quote - > If a taxpayer has a child (the child is away at college),
If the child is a full-time student under age 24 and lived> the child is a full time student, the parent and child lived > in the US, and the taxpayer had income of less than $20,000, > however the child while working in the summer made > approximately $12,000 which they spent on themselves > Can the parent still claim the child for EIC and not take > the child as a dependent. And can the child claim themselves > as a dependent since they provided more than half their own > support. with the parent in the US for more than 6 months ignoring any time temporarily away from home, such as while at school, then yes, but see the tie-breaker rules. If there is another parent who might separately make that same statement, there are tie-breaker rules to see who gets to claim EIC if they cannot agree. The IRS might question whether you are truly entitled to claim EIC if not claiming a dependency exemption for the child, and starting next year might ask you to precertify your eligibility to do so, but you could still be entitled to claim EIC. __ Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#1
09-07-2003, 04:28 AM
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| Re: Earned Income Tax Question rutgers10[at]aol.com (Rutgers10) writes: - quote - > If a taxpayer has a child (the child is away at college),
Addressing only the dependency issue, yes. Neither the> the child is a full time student, the parent and child lived > in the US, and the taxpayer had income of less than $20,000, > however the child while working in the summer made > approximately $12,000 which they spent on themselves > Can the parent still claim the child for EIC and not take > the child as a dependent. Earned Income Credit nor Head of Household filing status requires that a qualifying child be a dependent. - quote - > And can the child claim themselves
Yes.> as a dependent since they provided more than half their own > support. Phil Marti Topeka, KS << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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09-07-2003, 04:28 AM
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| Re: Earned Income Tax Question rutgers10[at]aol.com (Rutgers10) wrote: - quote - > If a taxpayer has a child (the child is away at college),
For purposes of the EITC, your child does not have to be> the child is a full time student, the parent and child lived > in the US, and the taxpayer had income of less than $20,000, > however the child while working in the summer made > approximately $12,000 which they spent on themselves > Can the parent still claim the child for EIC and not take > the child as a dependent. And can the child claim themselves > as a dependent since they provided more than half their own > support. your dependent. In the scenario you have provided, the child would be a qualifying child if a full time student under age 24 and teh child lived with you for more than half the year. Temporary absence to attend school counts as time spent living with you. If the child is self supporting, the child would claim their own personal exemption. Alan http://taxtopics.net << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#-1
09-05-2003, 02:17 AM
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| Earned Income Tax Question If a taxpayer has a child (the child is away at college), the child is a full time student, the parent and child lived in the US, and the taxpayer had income of less than $20,000, however the child while working in the summer made approximately $12,000 which they spent on themselves Can the parent still claim the child for EIC and not take the child as a dependent. And can the child claim themselves as a dependent since they provided more than half their own support. Thanks Carol << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
| Tags |
| earned, income, question, tax |
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