"Mark Bole" wrote:

- quote -

The net credit on the 2008 joint return will be the stimulus credit
calculated from the 2008 data minus the total of the advance payments to the
parents (but not less than zero). So no, no double stimulus credit for the
child if they file 2008 jointly.

If they file 2008 separately it's the same as if they hadn't married with
respect to the stimulus credit.

--
Phil Marti
Clarksburg, MD

--
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Phil Marti wrote:
- quote -

If the two parents were unmarried in 2007 but married in 2008, and one
parent got the advance ESP credit in 2007 based on his or her HOH
return, can the other parent now get the credit on the 2008 MFJ return,
or would MFS status be required (and claiming the dependent exemption)?

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

In article <04e01582-2b7c-4b9c-be68-cb9ff38e853f[at]25g2000hsx.googlegroups.com> ,
removeps-groups[at]yahoo.com <removeps-groups[at]yahoo.com> wrote:
- quote -


Works the same way it did a few years ack when everyone expected
to qualify for CTC got a 600 advance child crdit payment.


Not even a small surprise here.
--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
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On Jun 5, 7:55*am, "Phil Marti" <prm20...[at]verizon.net> wrote:

- quote -

This looks like a loophole as divorced/seperated parents would get
$600 per child.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

"Herb Smith" wrote:

- quote -

You're correct, assuming both parents qualify for the credit. The parent
who claimed the child on the 2007 return will get the $300 advance payment,
which doesn't have to be repaid if you're not eligible for the 2008 credit.
The parent who claims the child on the 2008 return will get the $300
refundable credit since (s)he didn't get the advance payment.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

On Jun 5, 7:02�am, "removeps-gro...[at]yahoo.com" <removeps-
gro...[at]yahoo.com> wrote:
- quote -

Since the check eligibility is based on CTC qualification, I believe
that the parent claiming CTC would get the $300 payment. I believe it
is possible for BOTH parents to get checks for the children if the
exemption is swapped each year (one parent in 2007 and the other in
2008).

- quote -

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

On Jun 4, 3:05 pm, Alan <sfcnm-...[at]yahoo.com> wrote:

- quote -

Do the stimulus checks for children stay with the custodial or non-
custodial parent?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

Seth wrote:
- quote -

of whether the child is your dependent or not. Once you determine
that the child is your dependent, the child can never claim
his/her own exemption. Only the custodial parent can claim the
exemption or release it to the noncustodial parent. If the
exemption is released, then only the exemption and CTC, if
applicable, flow to the noncustodial parent. All the other tax
benefits (HOH, EITC & C&DCC) remain with the custodial parent.

The only exception to the custodial parent claiming the exemption
is if the parent and child are also living for more than six
months with another relative (e.g., the grandmother) who could
also treat that child as a qualifying child. In that instance,
if the custodial parent does not want to release the exemption to
the noncustodial parent, then the two taxpayers who have the same
qualifying child can agree among themselves as to who will claim
the child and all the other tax benefits (CTC, HOH, EITC & C&DCC).

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

In article <g26nvb$80o$1[at]reader2.panix.com> , Seth <sethb[at]panix.com> wrote:
- quote -


Sorry, my English could have been more precise.


No, if the only reason that your HoH qualifying person is not
claimed as your dependent is that you signed away this right
on Form 8332 or equivalent, under S 152, that person is still
not able to claim him/herself.

But OP could still file HoH claiming the HoH qualifying person
on form 1040 line 4 instead of on line 6.

--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

In article <g24b8c$pjr$1[at]reader2.panix.com> ,
Arthur Kamlet <-To[at]panix.com> wrote:

- quote -

So if OP signed away that right, OP could be HoH (and the child could
take his own dependency)?

Seth

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

On Jun 3, 6:47�pm, "removeps-gro...[at]yahoo.com" <removeps-
gro...[at]yahoo.com> wrote:
- quote -

review both his and his son's returns. Make the proper determination
and file amended returns to pay the proper tax, on the son's returns,
and claim refunds on parent's federal and (possibly) state returns.

--
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On Jun 3, 1:57*pm, kam...[at]panix.com (Arthur Kamlet) wrote:

- quote -

Because the parent's income may be larger than the threshold for Hope
(phaseout from 47k to 57k for single filers), Lifetime (same
phaseout), or tuition and fees (phaseout at 65k and 80k for single
filers).

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

In article <484587f1$0$3384$4c368faf[at]roadrunner.com> ,
valentino <aturchin45[at]hotmail.com> wrote:
- quote -


Correct.


In order for you to claim HoH, your HoH qualifying person must
be your dependent unless you signed away the right to claim
the dependency allowance to the noncustodial parent under the
special rules that apply to children of divorced or separated parents.


The Education credit goes to you if you correctly list him as
your dependent, even if someone else paid the tuition & fees.


If he was not your dependent, and let's face it, either he was
or was not, you shouldn't be choosing after the fact, then he claims
himself and the educ credit.


- quote -


If you qualify to claim him as your dependent, you can decline to do
so and file as Single. In that case he can claim his own Educ credit.
But since you qualify to claim him and don't he is not allowed to
claim himself either.


I do not understand why you would not want to claim the Education credit?


Even if son paid the tuition, if he is your qualifying child who
you claim as a dependent you get to claim the Education Credit.
And get to claim HoH.
--


ArtKamlet at a o l dot c o m Columbus OH K2PZH

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

I have a letter from IRS challenging the following for 2007 tax return:

As a divorced single parent with a qualified dependent (son, under 24, full
time student, I pay more than 50% of expenses) I filled under HoH status
with only myself as exemption, lines 6a and line 6d, and I did not claim my
son as exemption on line 6c. My son filled as single claiming for himself
one exemption (for income from dividends and summer job).

IRS claims that my son can not claim himself while I use him to qualify for
HoH. They want that he claims zero exemptions and I could claim him as
exemption on my return. If I do that he can not get the education credit.

Would a better option be that I file as single and not HoH? Then his return
should stay as it is, single filling with himself as exemption and still get
the education credit.

Any other ideas?

Thank, Alex

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >