Discussion:Child care credit for non-dependent

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Discussion Forum Index --> Basic Tax Questions --> Child care credit for non-dependent
Discussion Forum Index --> Tax Questions --> Child care credit for non-dependent

Wwtaxes (talk|edits) said:

16 February 2008
Client has custody 4 days a week, ex-spouse has custody 3 days a week. Ex-spouse gets to claim dependent for 2007. Client had day care expenses. According to the special rules for a child of

divorced or separated parents, client should be able to claim the child care expenses. In ProSeries, I seem to be getting hung up on how to do this without having a dependent. Can anyone point me in the right direction?

JeffreyFoster (talk|edits) said:

16 February 2008
I have not used ProSeries but it seems that you would have to let the software know that the child lives with the T/P more than half the year in some way. Once you enter that information and that the T/P is assigning the dependency exemption to the spouse the software should allow the credit.

Taxestaxes (talk|edits) said:

16 February 2008
I would assume client is filing HOH, if not remarried; dont use proseries, but cant you access form 2441 and enter the childs info there?

Rgtaxservice (talk|edits) said:

16 February 2008
Put the child in the dependent field and code it Q - Not a dependent but a qualifying child.

If HOH, list the child's name and SSN as requested. Client can get HOH, daycare credit, and EIC Ex-Spouse gets dependent exemption and child tax credit.

Wwtaxes (talk|edits) said:

16 February 2008
Thank you! Shame on me for not figuring this out. Part of the problem is that I don't have this client's file. I should have just asked for the file and played around with it, but thank you for helping me!

Irsfixer (talk|edits) said:

20 February 2008
Mother, daughter and grandchild all reside in Mother's home. Daughter has no income. Mother claims both as dependents. Can Mother get child and dependent care credit for grandchild?

Irsfixer (talk|edits) said:

20 February 2008
Forgot to add - court order gives dad the exemption.

Dusty (talk|edits) said:

20 February 2008
I would say, based on what you entered, yes. Mother can claim both as a dependent and take the Child and Dependent Care Credit for the Grandchild.

Dusty

Death&Taxes (talk|edits) said:

20 February 2008
Unless the daughter was unable to take care of herself I don't see how she could take Child Care expenses because daughter is too old. Of course, maybe you could claim the grandchild could not take care of itself, but that sounds dubious for with the daughter, you have an unpaid child care provider, unless she is out dealing drugs or something.Publication 503

JeffreyFoster (talk|edits) said:

21 February 2008
Irsfixer, if both parents attempt to take the exemption only the parent who can prove they had custody for more than six months or the greater amount of time will prevail short of a form 8332. The court really does not care about the court order.

Another area that comes up with the court not caring about the court order is in alimony cases. If you are the persons involved you need to make sure the court does not cost you money by wording the order in the wrong way.

Irsfixer (talk|edits) said:

21 February 2008
Thanks Jeff but we were not talking about who got the exemption, we were discussing if the grandparent can take child and dependent care expense credit if the father has the exemption.

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