• Gift tax and tuition for child filing separately

    From D L@21:1/5 to All on Fri Apr 16 22:16:26 2021
    Is there an an advantage to have a child file income tax separately claiming gift money and tuition as income? Thanks.

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  • From Stuart O. Bronstein@21:1/5 to D L on Sat Apr 17 11:04:05 2021
    D L <debbie.lafourche@gmail.com> wrote:

    Is there an an advantage to have a child file income tax
    separately claiming gift money and tuition as income? Thanks.

    Gifts are almost never taxable income. And for children under 18, or
    those in college and under 24, if they have unearned income (for
    example you give them business equipment and lease it back) it's taxed
    at the parent's tax rate anyway.

    Whatever you are planning, it's unlikely to work the way you think it
    would. You should contact a tax professional (CPA or Enrolled Agent)
    to discuss your needs.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From D L@21:1/5 to Stuart O. Bronstein on Sat Apr 17 20:02:10 2021
    On Saturday, April 17, 2021 at 8:05:32 AM UTC-7, Stuart O. Bronstein wrote:
    D L <

    Is there an an advantage to have a child file income tax
    separately claiming gift money and tuition as income? Thanks.
    Gifts are almost never taxable income. And for children under 18, or
    those in college and under 24, if they have unearned income (for
    example you give them business equipment and lease it back) it's taxed
    at the parent's tax rate anyway.

    Whatever you are planning, it's unlikely to work the way you think it
    would. You should contact a tax professional (CPA or Enrolled Agent)
    to discuss your needs.

    --
    Stu
    http://DownToEarthLawyer.com

    Thanks for the response. My friend sent anther post but it is not posted here yet. The idea is that the two children who are 17 and 19 were included as dependents on the 2020 income tax with an AGI above the stimulus limit. The children want their
    stimulus checks. So, if the children file separately and they include gift money and tuition as income, will they qualify for the stimulus due to lower incomes. Of course, the parents have to amend their return. Thanks.

    --
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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
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  • From R C@21:1/5 to D L on Sat Apr 17 20:01:33 2021
    On Friday, April 16, 2021 at 7:19:46 PM UTC-7, D L wrote:
    Is there an an advantage to have a child file income tax separately claiming gift money and tuition as income? Thanks.

    Actually, the parents have already filed the 2020 income tax claiming the two children ages 17 and 19 as dependents. Since the parents' AGI is above the limit allowable for a stimulus check for the children, the children would like to to file separately
    to get their stimulus checks by claiming their tuition and some gift money as income. Of course the parents would have to file an amended return to remove the children as dependents. Is this allowable?

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
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  • From Taxed and Spent@21:1/5 to D L on Sat Apr 17 21:07:51 2021
    On 4/17/2021 5:02 PM, D L wrote:
    On Saturday, April 17, 2021 at 8:05:32 AM UTC-7, Stuart O. Bronstein wrote:
    D L <

    Is there an an advantage to have a child file income tax
    separately claiming gift money and tuition as income? Thanks.
    Gifts are almost never taxable income. And for children under 18, or
    those in college and under 24, if they have unearned income (for
    example you give them business equipment and lease it back) it's taxed
    at the parent's tax rate anyway.

    Whatever you are planning, it's unlikely to work the way you think it
    would. You should contact a tax professional (CPA or Enrolled Agent)
    to discuss your needs.

    --
    Stu
    http://DownToEarthLawyer.com

    Thanks for the response. My friend sent anther post but it is not posted here yet. The idea is that the two children who are 17 and 19 were included as dependents on the 2020 income tax with an AGI above the stimulus limit. The children want their
    stimulus checks. So, if the children file separately and they include gift money and tuition as income, will they qualify for the stimulus due to lower incomes. Of course, the parents have to amend their return. Thanks.



    Gifts are not income. Sounds like that would be fraud.

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    << The foregoing was not intended or written to be used, >>
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    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
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  • From D L@21:1/5 to Taxed and Spent on Sun Apr 18 00:31:35 2021
    On Saturday, April 17, 2021 at 6:11:10 PM UTC-7, Taxed and Spent wrote:
    On 4/17/2021 5:02 PM, D L wrote:
    On Saturday, April 17, 2021 at 8:05:32 AM UTC-7, Stuart O. Bronstein wrote:
    D L <

    Is there an an advantage to have a child file income tax
    separately claiming gift money and tuition as income? Thanks.
    Gifts are almost never taxable income. And for children under 18, or
    those in college and under 24, if they have unearned income (for
    example you give them business equipment and lease it back) it's taxed
    at the parent's tax rate anyway.

    Whatever you are planning, it's unlikely to work the way you think it
    would. You should contact a tax professional (CPA or Enrolled Agent)
    to discuss your needs.

    --
    Stu
    http://DownToEarthLawyer.com

    Thanks for the response. My friend sent anther post but it is not posted here yet. The idea is that the two children who are 17 and 19 were included as dependents on the 2020 income tax with an AGI above the stimulus limit. The children want their
    stimulus checks. So, if the children file separately and they include gift money and tuition as income, will they qualify for the stimulus due to lower incomes. Of course, the parents have to amend their return. Thanks.

    Gifts are not income. Sounds like that would be fraud.
    The post is simply to ask if it is allowable. Thanks.

    --
    << ------------------------------------------------------- >>
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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
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  • From John Levine@21:1/5 to All on Sun Apr 18 13:06:26 2021
    According to D L <debbie.lafourche@gmail.com>:

    Is there an an advantage to have a child file income tax
    separately claiming gift money and tuition as income? Thanks.

    Gifts are not income. Sounds like that would be fraud.
    The post is simply to ask if it is allowable. Thanks.

    Since it would be tax fraud, no, it is not allowable.

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    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From ira smilovitz@21:1/5 to John Levine on Sun Apr 18 13:40:28 2021
    On Sunday, April 18, 2021 at 1:07:11 PM UTC-4, John Levine wrote:
    According to D L <debbie.l...@gmail.com>:
    Is there an an advantage to have a child file income tax
    separately claiming gift money and tuition as income? Thanks.
    Gifts are not income. Sounds like that would be fraud.
    The post is simply to ask if it is allowable. Thanks.
    Since it would be tax fraud, no, it is not allowable.

    --
    Regards,
    John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly
    --

    There is a solution that might get them the EIP/RRC without filing a fraudulent return. If the parents file a superseding return changing their filing status from MFJ to MFS, the dependents can be claimed on the parent's return with the lower income.
    That could create a situation where that parent and the two children qualify for the RRC. Be aware, however, that filing MFS can have other consequences that outweigh the benefit from the RRC.

    Ira Smilovitz, EA
    Leonia, NJ

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  • From D L@21:1/5 to ira.sm...@gmail.com on Sun Apr 18 23:09:45 2021
    On Sunday, April 18, 2021 at 10:42:14 AM UTC-7, ira.sm...@gmail.com wrote:
    On Sunday, April 18, 2021 at 1:07:11 PM UTC-4, John Levine wrote:
    According to D L <debbie.l...@gmail.com>:
    Is there an an advantage to have a child file income tax
    separately claiming gift money and tuition as income? Thanks.
    Gifts are not income. Sounds like that would be fraud.
    The post is simply to ask if it is allowable. Thanks.
    Since it would be tax fraud, no, it is not allowable.

    --
    Regards,
    John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly --
    There is a solution that might get them the EIP/RRC without filing a fraudulent return. If the parents file a superseding return changing their filing status from MFJ to MFS, the dependents can be claimed on the parent's return with the lower income.
    That could create a situation where that parent and the two children qualify for the RRC. Be aware, however, that filing MFS can have other consequences that outweigh the benefit from the RRC.

    Ira Smilovitz, EA
    Leonia, NJ

    Very interesting option but as you correctly point out, there may be other trade offs. It looks like it is not worth doing. Thanks for the response.

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    << ------------------------------------------------------- >>
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  • From Alan@21:1/5 to R C on Wed Apr 21 20:55:19 2021
    On 4/17/21 5:01 PM, R C wrote:
    ges 17 and 19 as dependents
    To be eligible for the Recovery Rebate Credit (RRC) you can not be a
    dependent of another taxpayer. Whether or not that taxpayer actually
    claims the dependent is irrelevant for the RRC. Dependents claimed or
    not claimed are not eligible.

    As an aside, the only advantage for not claiming a dependent appears to
    be when the taxpayer gets no or very little benefit (deductions and
    credits) of the exemption and the dependent child is a college student
    with qualified higher education expenses and taxable earned income that
    can be offset by the higher education tax credit. The child can claim
    the tax credit if the parent does not claim the child.

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    << that may be imposed upon the taxpayer. >>
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  • From Shankar Prasad@21:1/5 to Alan on Fri Apr 23 10:21:14 2021
    Alan wrote on 4/21/21 5:55 PM:
    On 4/17/21 5:01 PM, R C wrote:
    ges 17 and 19 as dependents
    To be eligible for the Recovery Rebate Credit (RRC) you can not be a dependent of another taxpayer.  Whether or not that taxpayer actually
    claims the dependent is irrelevant for the RRC.  Dependents claimed or
    not claimed are not eligible.

    As an aside, the only advantage for not claiming a dependent appears to
    be when the taxpayer gets no or very little benefit (deductions and
    credits) of the exemption and the dependent child is a college student
    with qualified higher education expenses and taxable earned income that
    can be offset by the higher education tax credit.  The child can claim
    the tax credit if the parent does not claim the child.

    When a 20-year old college student has earned income during summer
    internship, and they use it to pay tuition / living expenses - will
    that make them independent (single) rather than "dependent of parent"
    for tax purposes ?

    Thanks

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  • From Stan Brown@21:1/5 to Shankar Prasad on Fri Apr 23 19:26:52 2021
    On Fri, 23 Apr 2021 10:21:14 EDT, Shankar Prasad wrote:

    When a 20-year old college student has earned income during summer internship, and they use it to pay tuition / living expenses - will
    that make them independent (single) rather than "dependent of parent"
    for tax purposes ?

    If the student provides more than half of their own support, they
    cannot be claimed by anyone as a dependent.

    The IRS says "Support includes amounts spent to provide:
    Food,
    Lodging,
    Clothing,
    Education,
    Medical and dental care,
    Recreation,
    Transportation, and
    Similar necessities."

    I got this by entering data in the interactive assistant at https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

    There's also this full description in Publication 17: https://www.irs.gov/publications/p17#en_US_2020_publink1000170839

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    https://OakRoadSystems.com/
    Shikata ga nai...

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