QUESTION
Could my mother and father in law legally claim my children as dependents on their taxes?
Asked on Dec 10th, 2012 on Taxation - Washington
More details to this question:
My wife and I collect food stamps for them as well as OHP. We also pay rent to live with my in-laws.
6 ANSWERS
No.
Answered on Apr 25th, 2013 at 11:20 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Dependency for purposes of claiming the dependency deduction for tax purposes is dependent upon who provides over half of the financial care of your children. Part of that care would include the cost of housing and they might not be providing housing if you are paying them rent. It would be necessary to determine what the expenses of providing for those children were and who paid over half of the expenses.
Answered on Dec 14th, 2012 at 12:19 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If they provide a majority of the support, or if you and your wife agree to allow them the deductions (and between the 4 of you, you provide the majority of the support), then they can do so.
Answered on Dec 13th, 2012 at 9:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, it would sound of that you could not because you are receiving benefits because of the children. However, the details of the relationship and must be no prior to the time that any opinion could be reached. I would suggest you speak with attorney or accountant.
Answered on Dec 12th, 2012 at 11:55 AM
Yes, it is possible for your mother to claim your children.
Answered on Dec 12th, 2012 at 11:54 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The Internal Revenue service has a test for determining whether someone can be claimed as a dependent. It is not necessary for the dependent to be a child of the taxpayer.
Answered on Dec 12th, 2012 at 11:54 AM