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IF YOU CLAIM SOMEONE ELSE CHILD ON YOUR INCOME TAX AND YOU GET AUDIT...CAN THAT PERSON WRITE A LETTER ?
IF YOUR FILING SOMEONE'S CHILD ON YOUR INCOME TAX THAT YOU KNOW! AND THE IRS AUDITS YOU CAN YOU HAVE THE PARENT OF THAT CHILD WRITE A LETTER TO IRS STATING THAT YOU TOOK CARE OF THE CHILD? AND THAT IT WAS OKAY TO FOR THAT CHILD TO BE FILIED BY YOU? SO YOU WILL NOT GET IN TROUBLE? OR WHAT WOULD YOU DO TO PROTECT YOUR SELF IF YOU SUPPORTED A CHILD THATS NOT YOURS AND YOU FILE?4 years ago - 4 answers
It is not permissible to claim someone else's child on your taxes, even if it is someone you know, and even if they write you a letter giving you permission to do so, unless the child LIVED WITH YOU for the entire year and unless their biological parent did not earn enough money to be required to file a return of their own.
If that is the case, you don't need to worry about the audit. The child will qualify as your dependent as a "qualifying relative" (and yes, that's what the IRS calls it, even if the child is not actually related to you).
Well, there are what the IRS calls "rules" about what constitues support and who is eligible. A letter from the parent really wouldn't do any good. You can research the tax laws on the IRS website or ask a tax lawyer if your situation qualifies. Also, two people cannot claim the child, so the child does meet the rules for qualifying as your dependent, the parent cannot claim them.
Source(s)by C Anemone - 4 years ago
taking care of a child is not necessarily support
to claim a child that is not yours would be a qualifying relative and all these requirements have to be met, the child has to live in your household(a member) the entire year, you have to provide more than 50% of the child's support(rent, utilities, insurance, phone, food, clothing, transportation, medical, entertainment etc), the child cannot have earned $3650 of income and cannot be claimed on the return of someone else
if these are not met the letter from the parent will have no effect
The letter won't do any good. It's not like they can give you permission to claim the child.
In order for you to claim a child as a qualifying relative, you have to prove to the IRS that
a) the child isn't a qualifying child of someone else.
b) the child lived with you for all of the tax year.
c) you alone provided more than 1/2 of the child's support (or have a form 2120 showing that of the people who did provide support, they are letting you claim the exemption).
This is just to get to qualifying relative which gets you the exemption only. No HOH, No EIC and No child tax credit.
Lack of proof (or forbid, you tried to claim EIC or HOH), will cause you to fail the audit. If you claimed EIC when not entitled to it, will cause you to be barred from EIC for 10 years.