posted
Here's a question that I'm sure someone on the forum is smart enough to answer. I know tax time is a long way off, but it never hurts to prepare.
When we moved to New Mexico, we brought my wife's mother with us. She's an immigrant who's lived in America for about a year and a half. She's got a social security number and a work permit, but no green card for a while. She lives in our house and we support her.
The main question I have is whether I can count her as a dependent on our taxes. We could use the deductions this year with the moving expenses and the tuition. If not, will we ever be able to, and when?
Many thanks for any insights. Posts: 2804 | Registered: May 2003
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Boon
unregistered
posted
If you provided at least 50% of her support, you can claim her as a dependent on your taxes. I cam provide proof from the IRS website if you'd like.
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quote: She's got a social security number and a work permit, but no green card for a while.
Is she here legally? Maybe you don't want to post her status here, but if her cards have expired, then you may want to be careful claiming her on a government form.
Posts: 2445 | Registered: Oct 2004
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Boon
unregistered
posted
quote: The second test is the citizen or resident test. To meet this test, a person must be a citizen of the United States, resident alien, or a resident of Canada or Mexico. To find out who is a resident alien, refer to Topic 851, or refer to Publication 519.
quote: The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
quote: If you want to claim a dependency exemption for a person, all five of the following dependency tests must be met:
The member of household or relationship test, The citizen or resident test, The joint return test, The gross income test, and The support test.
Those are from the IRS website. Find more information here, but yes, you can still claim her as a dependent, since she meets the residency requirement.
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posted
She's here totally legally (her work permit is current, and the paperwork for the green card is in the very long government pipeline), and I'm currently supporting her entirely.
Yes, Boon, if you have a link to the relevant IRS resource, I'd love to see it. Thanks much for your help.
edit: You beat me to it. Thanks again. Posts: 2804 | Registered: May 2003
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Boon
unregistered
posted
No problem. I've worked for major tax preparation firms for years but I will not be working this spring. I'm happy to help anyone with questions, and I'm particularly good at finding things on the IRS website. Their search features suck, and the organization leaves a lot to be desired, but I know what to call things in the search to find them quickly.
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posted
If I can hijack the thread for another income tax question...should be easy to answer - If my bf's an idiot and STILL has not sent in his tax stuff (I know, I know) what will happen to him? I am fairly certain he does not owe money, they probably owe him.
Posts: 870 | Registered: Mar 2005
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posted
If he doesn't owe, I don't think he's required to file. If he does owe, he'll get in trouble, once they realize he hasn't sent the forms in.
If he hasn't run the numbers yet he should. Just to make sure he doesn't owe. Considering how little I made last year, I was surprised at how little I got back. Anyway, if he doesn't owe, then I'd file just so they'd send me my check.
Edit: Found it. Here's the info on filing late, and if a refund is due, he doesn't have to file. If he doesn't file within 3 years though, they won't give it to him.
Posts: 1214 | Registered: Aug 2005
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posted
Thanks! I really think they owe. He hates the whole taxes idea so...he does not even care about the money. He's an idiot like I said. He's my idiot though! Posts: 870 | Registered: Mar 2005
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quote:If he doesn't owe, I don't think he's required to file.
Not true, he still has to file. If he earned over a certain amount (I'm sure Boon can tell you the number) he is required to file even if he doesn't actually owe anything.
Posts: 14428 | Registered: Aug 2001
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posted
Actually according to the irs website at the link above there is no penalty for failure to file if a refund is owed.
Posts: 1214 | Registered: Aug 2005
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Boon
unregistered
posted
$3100 is the amount you had to have earned in 2004 to be required to file. (I think there's also a certain amount that's much lower for self-employed people...like $400 or so.) If you made over that, you HAVE to file your papers. Period.
quote: The IRS is taking enforcement steps for those who repeatedly choose not to comply with the law. IRS employees will prepare returns when taxpayers do not file. The returns prepared by the IRS might not give credit for deductions and exemptions a taxpayer may be entitled to receive. Bills will be sent to those taxpayers for the tax due, plus penalties and interest.
People who repeatedly don't comply with the law are subject to additional enforcement measures..
Please, tell him to file his taxes. If you'd like help with the paperwork, send me a private email and I'll help you/him.
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posted
Thanks Boon! It's not that he needs paperwork help though, he just won't do it. I get the "Why should I help the government steal my money?" bit. And-"If someone mugged you and then told you to fill out a form and they would give you $20 back, would you do that?" He is frustrating.
Posts: 870 | Registered: Mar 2005
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My mom says girl. She was right last time, but she's finally been wrong on one-- my cousin's baby-- so she doesn't have her perfect record any more.
Posts: 21182 | Registered: Sep 2004
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Boon
unregistered
posted
Your child is healthy.
See, I told you I know everything important!
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I'm a little worried about it. Posts: 21182 | Registered: Sep 2004
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Boon
unregistered
posted
I'm sorry you're worried, and I'm sorry if you think I'm making light of something so serious. I truly believe your child is okay, though.
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posted
I was hoping they'd fit! A little big is good in the winter, since they're not lined; they can go over bulky sweats and sweaters that way.
Posts: 21182 | Registered: Sep 2004
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Boon
unregistered
posted
Yep. And of course, since we got them, it hasn't rained once! But I still can't keep the kids from wearing them. LOL
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I was hoping they'd fit! A little big is good in the winter, since they're not lined; they can go over bulky sweats and sweaters that way.
