Tax question: Can my mom, who does not live with me, claim my daughter on her taxes?

Question

ONLY SERIOUS RESPONSES PLEASE!
My daughter and I have a home and my mom lives in an apartment. I am a full time student and have not worked this year. My mom pays the majority of my bills, thankfully. Since the electric and gas and cable and whatnot are all part of my household that includes my daughter, would this entitle her to be able to claim her as a dependent as well as for EIC? If so this would a good way of paying her back even a little for what she has done for us while I get my degree. Please no rude, condescending remarks.

Answer 1

She could claim her as a qualified child if she states that the child lived with her for more than half of the year but you also have to remember that there are income limits for the EIC. If your mom is not married and claiming your daughter then the maximum amount that she could make is I think around $33,995 (I don't have the table in front of me) and she can only get a maximum EIC credit of around $2900. If she had two dependents then she could get a maximum of $4824. However, according to your situation, that would be tax fraud and the IRS will be auditing 1 in 50 returns with the EIC and if you are denied EIC because of this then you will not be able to use this credit for 10 years.

Source(s):

Tax preparer

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Answer 2

There are different rules for claiming a "depndent" and claiming the Earned Income Credit. She may be able to claim your daughter as a depndent but not for EIC. Call the experts- the IRS for the full rules.800-829-1040.

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Answer 3

You and your mom need to read IRS Publication 501. It details the requirements that must be met.

Source(s):

http://www.irs.gov

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Answer 4

Anybody can claim a child. The child doesnt have to be hers or even live under the same roof. Claiming a child just means they take care of their expenses so as long as u have a lot of shopping receipts ( food, cloths, diapers, etc.) to prove it then shes fine. I claimed my godson last year cause my cousin didnt have a job so i payed for pretty much everything he needed. I didnt live with him either. The only way they would ever make it an issue is if someone else was to claim the child as well.

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Answer 5

If *your* income is below $3650, your mother might be able to claim your daughter as a "QUALIFING RELATIVE" *ONLY*

A qualifying relative ONLY gets her the $3650 exemption. It does NOT entitle her to HOH, EIC or the child tax credit.

You cannot allow her to claim the child for anything else--this is tax fraud and yes, the IRS would catch it. Once caught, she'd have to pay the excess refund back and would be BANNED from collecting EIC for 10 years. If you help her do it, you could ALSO be banned from EIC.

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Answer 6

If your daughter does not reside with your mother...NO. It's commonly referred to as felony tax fraud.

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Answer 7

No she can't but you can and then you can just give her the money you get.

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