Originally posted by: alkemyst
Originally posted by: cpals
My brother-in-law and his wife live with my wife's parents for all of 2007. His wife had a 3 year old kid when they got married in April 2007 (he hasn't filed for custody or anything special like that). They also had a baby in October of last year.
Due to their income not being that great, I suggested them looking into having my wife's father claim the kids since the tax benefit would be much greater. My question is can my wife's father claim both the kids or only the one that was born while they were married?
Thanks.
Well her father's relationship doesn't chenge that with her children. So that is a moot point.
However, there is pretty clear Qualifying Child/Relative questions.
A Qualifying Child is:
your child, step child, adopted/foster child, sibling or a descendant of one of these like a grand kid or nephew/niece.
They have to live at least half the year and you support more than 50% of their care.
They have to be under 19 (24 if a full-time student), or they can be as old or even older than the taxpayer if they are totally disabled.
The tie-breaker tests side with the taxpayer with the highest ADJUSTED gross income. However; you can't say it's 50/50 and then have two people claim the dependent.
I do not think that the grandparent can claim there own children here at all unless they meet the Qualifying child test above.
If you brother-in-law and sister are income earners, it's probably going to cost them to allow your grandfather to claim the kids.