Filing for children that live overseas

[Zigner]

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.

And you are wrong.

The OP certainly does qualify to claim the children, predicated upon receiving the declaration.

Remember, the OP is talking about filing for this year, which is done in 2015. There is PLENTY of time to deal with the declaration.

 

[OHRoadwarrior]

There ya'll go again extrapolating necessary information that was not provided. Good luck with that.

 

[Zigner]

There ya'll go again extrapolating necessary information that was not provided. Good luck with that.

So, in a nutshell, you are stating that the lack of the form at this moment means that the OP doesn't qualify to file using the children as dependents for this tax year?

 

[OHRoadwarrior]

So far. We haven't gotten an answer on the rest of the support information. It generally helps when one provides tax guidance that they account for all things possible. Of course some tax preparers will accept 95% and cross their fingers.

So, in a nutshell, you are stating that the lack of the form at this moment means that the OP doesn't qualify to file using the children as dependents for this tax year?

 

[davew128]

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.

The rule you refer to only applies to divorced parents. THAT is why you are wrong.

 

[Zigner]

So far. We haven't gotten an answer on the rest of the support information.

We have been given no information to suggest that the parents of these children don't supply more than 50% of their support.

Seriously - isn't it time to back down gracefully? Yeesh!

 

[Zigner]

The rule you refer to only applies to divorced parents. THAT is why you are wrong.

No, he's applying the correct rule. He's just applying it incorrectly. Well, he was applying it incorrectly. He's been backpedaling in his recent posts.

 

[OHRoadwarrior]

The rule you refer to only applies to divorced parents. THAT is why you are wrong.

It applies to parents divorced, separated or living apart. I suggest you read it again.

 

[OHRoadwarrior]

Dave is hallucinating again. You can tell he is a paid tax preparer also.

I'll translate Daves response:

If I don't know it exists and I think it will pass IRS inspection it must be okay cause I want you to get a bigger refund and come back next year

Until and unless you can show that someone other than both parents combined provided more than 50% of the support, you're wrong. Consider that an edict from high above your tax paygrade.

 

[davew128]

Dave is hallucinating again. You can tell he is a paid tax preparer also.

I'll translate Daves response:

Poster fail.

Let me make this clear using simple words even you can understand. Wife is an NRA. Unless the election is made to treat her as a US resident and include her worldwide income, OP must file as MFS. IF this is the case, OP is a noncustodial parent. In order to claim the children (assuming they are US citizens) OP's wife must provide the declaration of support. If you think this isn't going to happen in an otherwise happy marriage, you're an even bigger fool than I gave you credit for.

Of course its all academic because unless OP's wife has significant income otherwise, it makes ZERO sense to not make that election and eliminate all of this bull dangle.

 

[LdiJ]

Your attacks on Dave and others, are completely inappropriate.

You not only gave this poster completely inaccurate information, but you insisted that if he listened to anybody but you, that he was going to get audited and pay through the nose. That was entirely inappropriate.

 

[davew128]

It applies to parents divorced, separated or living apart. I suggest you read it again.

Actually it applies to parents living apart who don't file jointly. That somewhat "minor detail" hasn't been established. This coupld most certainly CAN file jointly, it just requires an additional level compliance that is WAY over your head.

 

[davew128]

No, he's applying the correct rule. He's just applying it incorrectly. Well, he was applying it incorrectly. He's been backpedaling in his recent posts.

He was applying it in a sense that was inapplicable. In that you and I agree 100%.