Filing for children that live overseas

[LdiJ]

Good luck with that. When you get audited remember I raised the issues.

IF he gets audited he will not have a problem in regards to claiming his children. Because you are totally and completely wrong on this one.

 

[OHRoadwarrior]

IF he gets audited he will not have a problem in regards to claiming his children. Because you are totally and completely wrong on this one.

Sure, whatever you say. He will not get audited for claiming out of country children and will not need to substantiate the claim on his return. Check. I'm glad you don't do my taxes.

 

[LdiJ]

Sure, whatever you say. He will not get audited for claiming out of country children and will not need to substantiate the claim on his return. Check. I'm glad you don't do my taxes.

Its really a shame that you can never admit that you made a mistake about something. You always resort to name calling when you are dead wrong.

 

[OHRoadwarrior]

Its really a shame that you can never admit that you made a mistake about something. You always resort to name calling when you are dead wrong.

Please show me where in IRS reg's it says you can claim children living with another parent without a release form or proof you provided the support in the event of an audit. I will apologize. That is the problem with tax preparers, they tend to play fast and loose with the regulations. The reason they do is the penalties for the return fall on the filer.

 

[Zigner]

Sure, whatever you say. He will not get audited for claiming out of country children and will not need to substantiate the claim on his return. Check. I'm glad you don't do my taxes.

You're wrong - your claim is that the fact that the child doesn't live with the parent will cause problems for the OP. That is simply not true.

From http://www.irs.gov/publications/p17/ch03.html#en_US_2013_publink1000170877

Children of divorced or separated parents (or parents who live apart).
In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.

The parents:

Are divorced or legally separated under a decree of divorce or separate maintenance,

Are separated under a written separation agreement, or

Lived apart at all times during the last 6 months of the year, whether or not they are or were married.

The child received over half of his or her support for the year from the parents.

The child is in the custody of one or both parents for more than half of the year.

Either of the following statements is true.

The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984 and before 2009, see Post-1984 and pre-2009 divorce decree or separation agreement , later. If the decree or agreement went into effect after 2008, see Post-2008 divorce decree or separation agreement , later.)

A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2013 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year.

Of course, the mother will need to sign the declaration.

 

[OHRoadwarrior]

So then according to both of you he should go ahead an claim them. Foolish under the info he presented. Likely to trigger an audit. If it makes him feel good, he should do it. Where is the part in his story where he has anything in writing to substantiate any of this, I missed it.

 

[Zigner]

I send money and things is not evidence of providing more than half their support. OP is very open ended in his statement about who he supports there and for how much. If he has a support order, it would clearly define the parameters. Claiming them ad hoc, on a simple assertion is begging for an audit. We could get technical and claim one can claim any deduction in the IRS regs. Supporting your claim is a different matter. If you disagree, how much of this money did OP was provide sent or wired to directly to his children? To coin a phrase... Good luck with that.

I suggest you read "Children of divorced or separated parents (or parents who live apart)" Please show me where OP has met the qualifications in his post.

The OP does NOT have to provide more than half the support. The rules (that YOU refer to and *I* quoted) state that the parents must provide more than half the support. PLURAL. That means that the mother or the father needs to provide more than half their support.

Is this the ONLY thing that you think disqualifies the OP from claiming the children as dependents? Because, if it is, this is the time for you to gracefully acknowledge that you were wrong.

 

[OHRoadwarrior]

This is the basis of what I said. Period. OP has not supplied any information that he has a release from the custodial parent or financial proof. I will stick with it through OP's tax audit.

Based on your answers, you do not qualify to use them as dependents.

The OP does NOT have to provide more than half the support. The rules (that YOU refer to and *I* quoted) state that the parents must provide more than half the support. PLURAL. That means that the mother or the father needs to provide more than half their support.

Is this the ONLY thing that you think disqualifies the OP from claiming the children as dependents? Because, if it is, this is the time for you to gracefully acknowledge that you were wrong.

 

[LdiJ]

This is the basis of what I said. Period. OP has not supplied any information that he has a release from the custodial parent or financial proof. I will stick with it through OP's tax audit.

Oh for the love of god...this time you are totally over the top. The parents are happily married...there is no doubt that mom would provide a release. FINANCIAL PROOF IS NOT NEEDED. How many times do you have to be told that?

 

[OHRoadwarrior]

Oh for the love of god...this time you are totally over the top. The parents are happily married...there is no doubt that mom would provide a release. FINANCIAL PROOF IS NOT NEEDED. How many times do you have to be told that?

Since you want to ignore the law, I can't help you. I showed you where OP needs a writing. He will also need documentation in the event of an audit.

 

[Zigner]

Since you want to ignore the law, I can't help you. I showed you where OP needs a writing. He will also need documentation in the event of an audit.

So, at this point you are acknowledging that you erred when you stated that the OP needs to provide more than half the support and you are stating that the only thing needed is for the declaration to be signed. Is that correct?

By the way, nobody is ignoring the law. Just your flawed interpretation.

 

[OHRoadwarrior]

Are we sure of this yet? OP has not indicated what money and stuff means. Where are mom and the children living? Who else is helping with their care there? Who paid for the birth expenses of child? Are they receiving gov't benefits? He needs to meet this financial criteria also:

2.The child received over half of his or her support for the year from the parents.

So, at this point you are acknowledging that you erred when you stated that the OP needs to provide more than half the support and you are stating that the only thing needed is for the declaration to be signed. Is that correct?

By the way, nobody is ignoring the law. Just your flawed interpretation.

 

[LdiJ]

Are we sure of this yet? OP has not indicated what money and stuff means. He needs to meet this financial criteria also:

Your first claim was that he could not claim them because they didn't live in the US. I proved you wrong on that one.

Your second claim was that he could not claim them because he had not adequately proven that he alone had provided more than 1/2 of the child's support and insisted that we were wrong when we stated that was not necessary. Zigner provided proof that was wrong.

You then tried the very lame claim that he did not have a release from the mother, in a situation where obviously the mother would happily provide any release needed.

You have now posted something which directly states that its the combined both parents that must provide more than 50% of the child's support. Are you finally admitting that he alone does not have to provide more than 50% of the child's support? The answer to that question is yes or no.

Would you like to provide statistics on the number of people who are audited to provide proof that the two parent's combined provided more than 50% of a child's support? Hint: In a situation where there is not a duplicate claim for the children you won't find anything to draw stats from.

 

[OHRoadwarrior]

I suggest you read my first claim again. I said
"Based on your answers, you do not qualify to use them as dependents. "

Then you attacked me and I started trying to explore the issue.

Your first claim was that he could not claim them because they didn't live in the US. I proved you wrong on that one.

Your second claim was that he could not claim them because he had not adequately proven that he alone had provided more than 1/2 of the child's support and insisted that we were wrong when we stated that was not necessary. Zigner provided proof that was wrong.

You then tried the very lame claim that he did not have a release from the mother, in a situation where obviously the mother would happily provide any release needed.

You have now posted something which directly states that its the combined both parents that must provide more than 50% of the child's support. Are you finally admitting that he alone does not have to provide more than 50% of the child's support? The answer to that question is yes or no.

Would you like to provide statistics on the number of people who are audited to provide proof that the two parent's combined provided more than 50% of a child's support? Hint: In a situation where there is not a duplicate claim for the children you won't find anything to draw stats from.

 

[TheGeekess]

I suggest you read my first claim again. I said
"Based on your answers, you do not qualify to use them as dependents. "

Then you attacked me and I started trying to explore the issue.

If you felt attacked, then maybe you either need more meds or to step back. You were NOT attacked. Being told 'You are wrong and here's why' is not an attack in any REASONABLE person's book.