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Can grandparents claim my child on taxes if I'm paying child support?

My daughter Emma (3) is currently living with her mom (Jess, 24) at Jess's parents' house. Throughout all of 2024, I've been consistently paying child support while Jess has been in school full-time, not working or earning any income, and not paying rent to her parents. I've remained involved in Emma's life despite the distance (we do video calls and I get visitation about once every three months) because Jess won't allow Emma to live with me. We're still under temporary court orders, and my parental rights are fully intact. The court recently established a transition plan leading to the final custody arrangement that will gradually increase my parenting time by the end of the year, with the possibility of Emma eventually living with me. Since Jess hasn't earned any income for the past three years (2022-2024), her parents have been claiming Emma as a dependent on their taxes for 2022 and 2023. I've specifically objected to this because I'm still legally Emma's parent and I believe I've been providing the majority of her financial support. (For her grandparents to be providing more than I do through child support, they'd need to be spending over $25/day directly on Emma.) I wouldn't have an issue if Jess claimed Emma on her taxes if she actually had a job or any income, but she's consistently refused to work since Emma was born. My questions are: 1) Do Emma's grandparents have more right to claim Emma as a dependent than I do? 2) Does Jess have more right to claim Emma as a dependent than I do, even though she has zero income?

Yara Elias

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You need to check your custody agreement/court order first! In my case, even though my kid lived with my ex more than half the time, our divorce decree specifically stated who gets to claim our child each year (we alternate). The IRS actually follows these court orders when there's a dispute. If your temporary orders don't specify who claims the child, then yes, the residency test would probably give Jess the first right to claim Emma. BUT if you have it written into your court order that you get to claim your daughter, that would override the residency test. Also, something to consider - if Jess has zero income, she wouldn't get much benefit from claiming Emma anyway. Most child tax credits require you to have earned income to fully benefit. Your child support isn't considered income for her - it's tax-neutral.

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Our temporary orders don't actually specify who can claim Emma for taxes. The final custody agreement is still being worked out. That's really helpful info about the benefits Jess would get - or not get - with zero income. I hadn't thought about that angle. Would the grandparents benefit more from claiming Emma than either of us since they actually have income?

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Yara Elias

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Yes, with zero earned income, Jess wouldn't benefit much from many of the tax credits related to having a dependent child. Some credits like the Child Tax Credit are partially refundable, but without income, she wouldn't get the full benefit. The grandparents would likely benefit more than Jess would since they presumably have income. They could potentially claim dependency exemptions and other benefits. However, that doesn't mean they have the legal right to claim Emma - they would only have that right if neither parent claims her. Since you're actively involved and supporting Emma, you should definitely try to address this in your final custody agreement. Many agreements include specific language about alternating years for tax purposes, regardless of where the child primarily lives.

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Make sure you document EVERYTHING. I went through this with my ex's parents trying to claim my kid. Keep receipts for all child support payments, extra expenses, gifts, etc. Also document all visits, calls, and other involvement. If someone incorrectly claims your child and you believe you have the right to claim them, you can still file your return claiming the child (you'll have to paper file if someone else already claimed them electronically). The IRS will then send notices to both parties and investigate. They may ask for proof like: - School/medical records showing the child's address - Court custody agreements - Documentation of financial support - Documentation of your relationship/involvement with the child Sometimes just letting the grandparents know you're going to claim your child and have documentation can prevent the issue entirely!

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This is spot on advice. And don't wait until tax time to bring this up! Send an email or text now stating your intention to claim your daughter this year. That way they can't claim they didn't know.

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How to properly code unique partner reimbursement in a partnership tax structure

Hey everyone, I've hit a roadblock with our partnership accounting and need some tax guidance. We've had to change how we handle distributions based on our CPA's recent advice. Our setup: We have a 2-member partnership that's owned by 2 single-member S-Corps. In the past, we recorded all money going to the S-Corps as management expenses at the partnership level and as income at the S-Corp level. Our CPA recently told us this approach isn't acceptable and we need to code these as owner draws or guaranteed payments. Since they're primarily profit distributions, we started re-coding them as such in our books, but this created some complicated situations I can't get clear answers about from our CPA team. Here's a specific example: Say our partnership has $250k net income in a month, so each partner is entitled to $125k. But here's the twist - one partner's S-Corp (let's call it S1) pays a regular salary to the owner of the other S-Corp (S2), because this person was previously an employee who wanted to maintain their salary/benefits when they became a partner. The partnership then reimburses S1 for these salary costs/benefits. So from that $250k profit: - S1 gets $125k distribution - S2 gets $100k distribution - S1 receives $25k as reimbursement for salary paid to S2's owner Our CPAs are now saying to code the $25k as either a guaranteed payment or management fee (after previously saying we couldn't do that), but this leaves unequal distributions. Both partners should have equal basis/distributions, and I'm struggling to figure out the correct approach. Should I instead code that $25k as an owner distribution to S2? S1 needs to recognize the expense of that $25k on their S-Corp return to match filed 940s (I believe), so I don't think that expense can be recognized at the partnership level. Any advice would be greatly appreciated!

Carmen Lopez

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Based on my experience with a similar structure, I think you're overlooking a simpler solution. Why not have the partnership directly employ the individual instead of having them employed by the S-Corp? This would eliminate the need for the reimbursement entirely. The partnership would pay the salary and benefits directly, report it on partnership payroll tax returns, and then distribute the remaining profits equally to both S-Corps. This maintains equal distributions while properly accounting for the compensation.

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Sean Doyle

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Thanks for the suggestion, but unfortunately that's not feasible in our case. There are specific reasons (including some health insurance and retirement benefits) why this person needs to remain employed by the S-Corp rather than directly by the partnership. We looked into changing the employment structure earlier and determined it would create more problems than it would solve.

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Carmen Lopez

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I understand the constraints with benefits. In that case, I think your best option is to follow the special allocation approach mentioned earlier. You'll need to amend your partnership agreement to specifically state that the $25k is first allocated to S1 as a special allocation to compensate for the employment expense, with the remaining profits split 50/50. This maintains economic substance while ensuring your allocations match the reality of your situation. Just make sure the special allocation language complies with the "substantial economic effect" requirements in Treas. Reg. 1.704-1(b)(2).

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Andre Dupont

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Has anyone considered using an accountable plan? If structured correctly, the reimbursement wouldn't be taxable to the recipient and would be deductible by the partnership. Worth looking into for this situation.

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Accountable plans are typically for employee expense reimbursements, not for reimbursing one partner for paying another partner's compensation. I don't think it applies here since the partnership isn't reimbursing an employee for business expenses - it's a structural compensation arrangement between partners.

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17 Something important nobody's mentioned - if the prize was $25,500 USD, the Canadian game show likely already withheld taxes at the non-resident rate of 25% unless there was paperwork filed in advance. So your cousin might have already paid Canadian taxes! Check the actual amount she received against what she "won" - if there's already been Canadian tax withheld, she'll need Form 1116 to claim the foreign tax credit on her US return. This can get tricky with the exchange rate calculations too, since the withholding would have been calculated in CAD.

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1 That's a really good point about the withholding! I'll definitely ask her if she received the full $25,500 or if taxes were already taken out. The tax paperwork they gave her was kind of confusing - it had both USD and CAD amounts on it, but I'm not sure if it showed whether any Canadian taxes were withheld. Do you know if the US-Canada tax treaty affects the withholding rate at all? Someone mentioned treaty rates in another comment.

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17 Yes, the US-Canada tax treaty can definitely affect the withholding rate! The standard non-resident withholding for prizes in Canada is 25%, but the treaty might reduce that depending on the specific type of income. For certain prizes and winnings, it could be reduced to 15%. The paperwork with both USD and CAD is typical. They would have used the exchange rate on the day of the win to calculate the Canadian tax withholding. If you look carefully, there should be a line item showing "non-resident withholding tax" or something similar. It's crucial to know this amount for filling out Form 1116 correctly to claim the foreign tax credit.

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5 I'm confused about why everyone's saying she has to pay tax to the US when she won it in Canada? Doesn't that mean it's Canadian income? I won $500 in a poker game when I was vacationing in Mexico last year and didn't report it because it wasn't US income.

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8 That's actually not correct. US citizens and residents are taxed on their worldwide income regardless of where it's earned. Both your $500 poker winnings from Mexico and the OP's cousin's $25,500 game show winnings from Canada are reportable on US tax returns. The US is one of the few countries that taxes based on citizenship rather than just residency or the source of income. You were technically required to report that $500 poker winning as "Other Income" on your tax return. For small amounts like that, it's unlikely to trigger any issues, but for larger amounts like $25,500, failing to report could potentially lead to penalties if discovered.

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5 Oh crap really? Nobody ever told me that before. I thought income earned outside the US stayed outside the US tax system. So I should have reported my Mexico poker winnings? Will I get in trouble for this?

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22 One thing nobody's mentioned is that you should definitely take a screenshot of the IRS page showing $0 due, along with your TurboTax acceptance confirmation. Keep those with your tax records this year. If there's ever any question about when you paid or why you paid when the system showed $0, you'll have documentation showing you acted in good faith based on the information available at the time. The IRS systems don't always talk to each other correctly, and having this proof can save you a lot of headache if there are questions later.

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7 That's actually super smart! Would you also recommend printing these out or is digital storage enough?

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22 Digital storage is generally fine, but I always do both. I keep a digital folder for each tax year, and I also print important items for a physical folder. The key is making sure you can easily find these documents for at least 3 years (the standard IRS lookback period for audits), though 7 years is even better. For something like this payment situation, I'd definitely print the TurboTax acceptance, the IRS $0 balance screen, and your payment confirmation. It's that extra layer of protection that can save you tons of stress if there's ever a discrepancy.

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10 Am I the only one who finds it ridiculous that the IRS can't get its act together on basic tech stuff? If TurboTax can process millions of returns and instantly give confirmations, why does the IRS website take weeks to update? And why don't their own systems communicate with each other?

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16 It's because Congress has been underfunding the IRS for years. They're running on systems from the 1960s and 1970s in some cases. I read that they still have code written in COBOL which hardly anyone knows how to program anymore.

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Just want to add something important about expenses for Grubhub/delivery app work: TRACK YOUR MILES! You can deduct $0.655 per mile for 2023 (goes up to $0.67 for 2024). For most delivery drivers, standard mileage rate is better than actual expenses. I made about $525 with UberEats last year, drove roughly 750 miles for deliveries, and was able to deduct $491.25 for mileage alone. This offset most of my delivery income, reducing what I owed in taxes significantly. You'll report the Grubhub income on Schedule C, then subtract your mileage and other business expenses. Even without a 1099, keep good records of your income and expenses in case of an audit.

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Do you literally just write down your odometer reading before and after each shift? Is there an app that's better for tracking? I just started with DoorDash and want to make sure I'm tracking correctly from the beginning.

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You can track miles either by recording odometer readings or using an app. I personally use the Stride app (it's free) which tracks my miles via GPS while I'm working. At the end of the year, it gives me a report of all my business miles. Some other good options are Everlance, MileIQ, or even just a simple spreadsheet where you log the date, starting point, ending point, purpose of trip, and total miles. The key is consistency - track every work trip and keep the records for at least 3 years in case of audit. Whatever method you choose, just make sure you're tracking from day one - those miles really add up and can save you a ton on taxes!

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Just wanted to mention that if your net earnings from self-employment (like Grubhub) are LESS than $400 for the year, you don't have to pay self-employment tax on that income. You still report it on Schedule C, but you won't owe the 15.3% SE tax. So for your $560, after deducting mileage and other business expenses, if your net profit falls below $400, you'll just pay regular income tax on that amount, not the additional self-employment tax. This is a small but important distinction that might save you some money!

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Luca Conti

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So I definitely need Schedule C regardless, but I might not owe the self-employment tax if my net profit (after mileage and expenses) is under $400? That's really helpful to know! The mileage deduction alone might bring me under that threshold since I did put a lot of miles on my car for those deliveries. I'm going to track down all my gas receipts and see if I have any notes about the miles I drove too. Thanks everyone for the great advice. I feel much less confused about how to handle this on my taxes now!

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