Perhaps Maybe

[judecorp]

I am going to have Jen call the accountant person tomorrow and ask if it's possible that she claim Punk as Head of Household instead of me claiming her as a bio-parent. I don't know if it's possible because we haven't done the second-parent adoption yet... but Jen doesn't have the interest income problem and she didn't make too much to rule out EITC.

Here's hoping. Effing DOMA and all that crap.

Comments

[oppendonnell.livejournal.com]

I've heard of people doing this...

[colleenod.livejournal.com]

Our attitude is... you won't let us marry, federal govt? Well, we're gonna take full advantage at tax time by shifting things to one or the other of our returns to maximum benefit. I think it's definitely worth a call to your accountant, although if it's kosher and will work, it stinks that your accountant didn't suggest it.

[judecorp.livejournal.com]

I don't know if she can because Punk is not her child (to the feds), step-child, or adopted child (yet). I don't know if she can count as a "foster child."

The accountant is super straight and may not have the ins and outs of queer taxes. But yes, if it's possible and she didn't suggest it, I'll be cheesed.

[cfred.livejournal.com]

In reading the rules, that's what I'm coming up with too. :( Had the adoption gone through, then she would be a parent in the eyes of the feds.

Damn. I almost feel guilty now because the tax law does work in my favor (I got my single status back in 2006).

[judecorp.livejournal.com]

It sucks because she IS on the birth certificate, yet I don't know if the Feds would recognize that since they don't recognize WHY she is on the birth certificate.

[lunamoonwmn01.livejournal.com]

http://taxes.about.com/od/dependents/a/Dependents_2.htm

You can check, but I can tell you with pretty much 100% certainty that the answer is no, because some friends of ours had the same issue last year. For foster children it has to be a "real" foster child. Sorry but I think you are just SOL. Our attny had told us the same thing, that you have to have completed the adoption. The good news - keep track of all your adoption expenses b/c Jen can use the adoption tax credit thing next year. At least we get one benefit (saying with much sarcasm).

[judecorp.livejournal.com]

Our adoption is going through super cheap. That's good, but it means there won't be much adoption tax credit.

I just don't know if it makes a difference that Jen is on Punk's birth certificate as a "second parent."

[lunamoonwmn01.livejournal.com]

That's right, you're in Mass. God, that is a hard/complicated one, b/c you guys are legally married, correct (I'm just going to assume I'm correct on that one). I hope it works out and Jen can claim her.

[judecorp.livejournal.com]

Yes, we are legally married /in Massachusetts/ and again, /in Massachusetts/ Punk is seen as a "product of the marriage" and thus the legal child of both of us. However, since the Feds don't recognize our legal marriage (and we have to file as singles), I don't know if we can legitimately get away with Punk being Jen's legal child as a "product of the unrecognized marriage."

It's really a great big cluster-you-know-what, and I haaaaaaate it.

We've been told to go through with the adoption just to cover our butts in other states and stuff, but Jen IS on Punk's birth certificate as a "second parent" already, and I don't know if we could somehow "claim ignorance" with the Feds if it doesn't work out.

[oppendonnell.livejournal.com]

It's definitely not kosher but I know that people have done it....check out the IVP, there's a thread about gay taxes.

[judecorp.livejournal.com]

As long as you don't get audited, you know? It sucks because she is the one carrying Punk's health insurance and everything... I just drain the savings.

[bookgrrrl.livejournal.com]

I'm so sorry about all of this BS.

[judecorp.livejournal.com]

Sucks.

[checkingmypulse.livejournal.com]

I say go for it. Claim ignorance if it doesn't work!

[judecorp.livejournal.com]

Claiming ignorance is fine but then they'd make us cough up the money! :)

[anaccidentofhope.wordpress.com (from livejournal.com)]

hmm, I don't know. I think it might work, since Jen IS on the birth certificate. I know that I could have claimed head of household with Julia if it had worked out best that way... I do have a legal guardianship. The thing is, Jen insures the punk, she's on the punk's birth certificate. The punk IS her dependant in every way. And you don't file your adoption certificate with your taxes.

Just, I guess, what I'm trying to say here is that even if your accountant comes back with a no, it might be worth it to double check to see what an accountant who is familiar with queer tax issues has to say.

And, also, you might want to pose the question to other couples who live in states where partners are put on the birthcertificate from birth, to see what they do...

[judecorp.livejournal.com]

Good idea to contact someone who knows more about queer taxes. I don't know who that person could be but maybe I could call GLAD or something and see if they know someone. The accountant had NO idea but said she would ask around. I think it's one of those weird loopholes that doesn't have a "right" answer since technically the birth certificate is a legal document but then there's the stupid federal DOMA.

I know that most people here in MA, even though they are on the birth certificate from birth, do the adoption. So who knows?

I want money, dangit!!

[amyura.livejournal.com]

How likely is it that we can get DOMA repealed? What a fucking CROCK that law is.

[judecorp.livejournal.com]

Umm, honestly? Not very likely. It was such a pandering move and I don't think we'll stop pandering any time soon.

Hence why I want to move.

taxes

[(Anonymous)]

R always claims all 3 girls on our taxes as head of household and she is the bio mama of only one. whoever gets the better return always claims the girls and since i've been home full time R claims me too. it works to our benefit completely as we always get a giant return (hence the trip to disney world- very fiscally responsible!). happy v day. -melissa

Re: taxes

[judecorp.livejournal.com]

That's totally against the tax rules, though.

To claim someone under HoH they have to be an "eligible child" or an "eligible relative." To be an eligible child, it has to be your child, step-child, adopted child, foster child, or grandchild.