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who can claim a child?

Asked by: vpalmer 262 views YA Discussion

my friend has a 2 yr old son and works off the books for as a nanny. she will not be filing taxes but lives with a relative who will be claiming her son on her taxes because they have lived there for more than 6 months and the relative pays more than 60% of expenses. However the child’s father works and will be claiming the child as well. What happens when the father files?
sorry I need to be more clear. My friend is a nanny for the relative who is her aunt. She is allowed to live with the aunt as long as she does all the household chores, cleaning, and takes care of the children. She gets $ 50/aweek for all of this. My friend will also babysit her friends kids from time to time but her aunt never documented payments and paid her cash. Should her aunt be paying her in a certain way that would allow my friend to claim her income?

The relative is a great aunt to the child and says she asked a tax expert if she could claim the child as a qualifying relative and was told yes. But the father did not know or consent to this (and neither did my friend) and the father wants to claim the child on his taxes now.
Her aunt pays her cash each week
The child is with the father 2-3 days a week also. If that makes a difference
How would my friend go about documenting her self emplyment? this may seem silly I am sorry but she was unaware of any of this and we are just questioning it now since the child’s great aunt claimed him without consent from mother or father and since the father now wants to claim the child. never had this issue before!

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5 Answers



  1. tro on Mar 18, 2013 Reply

    first of all the nanny income is reportable income to her she needs to report on Sch C and possibly SE
    and what relative? the relative may not be in line to claim the child
    the father cannot claim the child if the child did not spend the majority of ‘nites’ in his household
    in the case of efiling, when a subsequent return is attempted that an SSN is being duplicated, that return is rejected
    if he in turn manually files his return, the duplicate SSN will probably eventually be discovered and both may have to prove the eligibility to claim the child
    the relative is in question here, depending on who the relative is–not all are eligible to claim the child

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  2. Bostonian In MO on Mar 18, 2013 Reply

    First off, what is the relationship between the child and the relative that will be claiming him? Not all relatives can claim him under the Qualifying Child rule and since the mother can claim him under the Qualifying Child rule that bars any claim under the Qualifying Relative rule. Even if the relative could technically claim the child under the QC rule, there are times when the parent is the only one who can legally claim the child such as when the other relative’s income is less than the parent’s, the other relative is a sibling but is younger than the child, etc.

    The result of the father claiming the child is likely that both the father and the relative claiming the child will be denied and the mother will be exposed for tax evasion, and rightfully so. Her employer will also be exposed for tax evasion for failing to withhold FICA taxes, pay payroll taxes, and report her income on a Form W-2.

    A nanny is a household employee, NEVER a self-employed individual. Mom and the employer need to review IRS Pub 926 http://www.irs.gov/pub/irs-pdf/p926.pdf and get with the program ASAP. There’s still time for the employer to avoid most of the mess (and keep the mother honest) due to the relaxed payroll requirements for household employers, but the clock is ticking. If mom’s income is low enough she can probably claim the EIC and wipe out any tax liability and even generate a refund.

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  3. Pascal the Gambler on Mar 18, 2013 Reply

    So your freind is committing tax evasion by not reporting her income, smart.

    The child MUST have lived with this relative more than half the year, and the relative MUST pay more than half of the child’s support. BUT since the the mother actually made enough income to claim the child, the relative CAN NOT claim the child, even if the mother chooses not to.

    The relative AND the father can’t both claim. Only one person can claim. Does or did the child ever live with the father? If the answer is no, he can’t claim, period.

    There are about 4 different kinds of tax fraud happening here.

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  4. Jino on Mar 18, 2013 Reply

    my friend has a 2 yr old son and works off the books for as a nanny. she will not be filing taxes but lives with a relative who will be claiming her son on her taxes “==========>As long as the child’s mother is still a custodial parent of the child, the relative can’t claim the child on her return; the relative cannot claim the child as a dependent on her/his income taxes if that child could be claimed as a qualifying child by the child’s parent(s) UNLESS the child could still be claimed by his parents as a qualifying child. If both parents claim the child, the IRS looks at the child’s residence or the parents’ income. The parent the child lived with the longest may claim the child. When the child lives with both parents equally six months each the parent with the highest AGI may claim the child regardless of whether the parents separated, divorced or were never married. So UNLESS the father, the non-custodial parent claims his child as his dependent(as he can’t qualify to claim his child as his dependent on his return), then, her relative may claim the child as the relative’s dependent either as qualifying relative/ qualifying non relative; however, to claim the child as the relative’s dependent,as qualifying non-relative, I mean, the child MUST live with the TP, the relative, the entire year. And the relative must provide more than half of the child’s support to claim the child as a qualifying relative dependent on the relative’s income taxes.

    “because they have lived there for more than 6 months and the relative pays more than 60% of expenses. However the child’s father works and will be claiming the child as well. What happens when the father files?==========>.It depends; when parents separate, divorce or never marry, only one may claim the dependent exemption. Normally, the custodial parent receives the exemption, because the child lives with that parent for the greater part of the year. The IRS has special rules for parents who divorced, separated or never married. The noncustodial parent, I guess the child’s father in tis case, may claim the dependent exemption by completing the required form and by following the rules set forth by the IRS; A noncustodial parent must meet four requirements before claiming the child as an exemption. The parent must be legally divorced or separated under decree or separate maintenance agreement, a written separation agreement or live apart for six months, regardless of whether the parent was or is currently married. The child must receive half of all support from the parent for the current tax year, and the custodial parent must sign a written declaration allowing the noncustodial parent to claim the child. Noncustodial parents divorced or separated after 2008 can no longer attach a decree or statement. The parent must attach “Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent” or comparable statement from the custodial parent. The statement must release the custodial parent’s claim to the dependent with no conditions. This means the custodial parent , the child’s mother, cannot require timely child support payments a condition of claiming the child. This provision also applies to parents who never married. In this case, the noncustodial parent, the father, can claim child tax credit bit can’t claim EIC/child and dependent care credit on the child.

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  5. Vana on Mar 18, 2013 Reply

    If the aunt already claimed then the dad cant do it. But the nanny can claim self employed and do it herself

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