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Old 02-04-2012, 08:45 PM
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Join Date: Feb 2012
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Should I file and how? Or should he claim me?

Hi I have a slightly unusual situation and I'm unsure as to how to proceed.

I worked from the middle of March '11 until end of May '11 for a friend's company. I was issued checks by his DBA name and was told that I am an independent contractor. I have copies of when I worked, the checks I deposited, and my cell phone with the calls that I made for that company(during that time about 60%+ of calls made on my personal cell were for work). The business very suddenly and unexpectedly went under (it was a franchise and the parent company pulled it out from under them in the middle of my shift). I believe his company is now dissolved and/or filing bankruptcy (I know nothing about this and believe they may even be in the middle of a lawsuit over it all).
He doesn't think he will be issuing me any sort of 1099. My income during this brief time comes to about $3000.
I know I don't have to, but I am under the assumption that I can file without anything from his company. Is this true?

I live with my fiance, our baby, and my son from a previous relationship. Last year, he claimed our baby, I claimed my son, and it worked out wonderfully in terms of our refunds. This year, I have not worked (besides those two months), and he provides for all four of us 100% of the time. I am under the impression that he can file Head Of Household and claim both myself and my son since he provides for all of us.
I also received a 1098 from my college for the tuition that I paid($648) at the end of 2011 for the Spring 2012 semester.


I have several questions concerning our situation and how to proceed:
  • Does my tuition paid count, even though it is for the 2012 school year?
  • Should I file separately so I can claim my income(even though I'm assuming I will owe), my son (and therefore the Earned Income and Child Tax Credits), and my tuition(if applicable)?
  • Or should my fiance claim all four of us? (since I do not have to file since I made less than $3500)
  • Can he claim my son for the Child Tax Credit?
  • Does he make too much(42k) to receive EIC?
  • Can he claim my tuition, since it is he who paid it and I would be considered a dependent of him?

I basically have no clue what is the best route to go, or if I even have my facts straight. Any guidance whatsoever would be greatly appreciated!
Thanks in advance!



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Old 02-04-2012, 08:47 PM
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Also, I forgot to mention that we live, work, and go to school in Illinois.



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Old 02-05-2012, 01:16 AM
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Posts: 5,258
I live with my fiance, our baby, and my son from a previous relationship. Last year, he claimed our baby, I claimed my son, and it worked out wonderfully in terms of our refunds.
“This year, I have not worked (besides those two months), and he provides for all four of us 100% of the time. I am under the impression that he can file Head Of Household and claim both myself and my son since he provides for all of us.”--->As long as he is unmarried;paidmore than one-half the costs of keeping up your home for the year;his home was the main home for him and his qualifying person(as his qualifying child), his son, (NOT you, your fiancée, your baby.) who lived with him for more than half the year;he was entitled to a Dependent Exemption Credit for your qualifying person.Then he can file his return as HOH and claim you, your fiancée, your baby and his son as his dependent UNLESS you and your fiancée’s gross income exceeds $7,300 in 2011 and as long as you lived with him the entire year.If not, then he can claim ONLY his son as his dependent as a qualifying relative as long as the son lived with him for more than half of the year.
“I also received a 1098 from my college for the tuition that I paid($648) at the end of 2011 for the Spring 2012 semester.”I have several questions concerning our situation and how to proceed:
“Does my tuition paid count, even though it is for the 2012 school year?”---> Tuition paid in 2011 for courses beginning in the first three months of next year, 2012, will qualify to be deductible this year. This applies to the tuition and fees deduction, and the Hope and the Lifetime Learning tax credits.
“Should I file separately so I can claim my income(even though I'm assuming I will owe), my son (and therefore the Earned Income and Child Tax Credits), and my tuition(if applicable)?”--->You must file as single, NOT as HOH I guess a you had no enough income to support you kids as yu said.You must be married to file a joint return. If you are considered married by means of the common law marriage laws in your state,then you could file jointly.
“Or should my fiancé claim all four of us? (since I do not have to file since I made less than $3500) “--->Of course as long as your gross income was less than $3650 in 2011 and you and the son fromyour former husband must have lived with your fiancée for more than half of the year, 2011.His baby doesn’t have to live with him for more than half of the year 2011 as a qualifying relative(the baby should do if claimed by him as a qualifying child).
“Can he claim my son for the Child Tax Credit?”---->No; neither you nor your ex-husband claim child tax credit; only MFJ filers can claim the credit. MFS taxpayers are not eligible to claim.ONLY MFJ taxpayers are eligible for the credit.
“Does he make too much(42k) to receive EIC?”--->Same as described above. ONLY MFJ taxpayers can claim EIC,too.
“Can he claim my tuition, since it is he who paid it and I would be considered a dependent of him?”--->It depends. Then he can on his return as long as you are claimed as his dependent for whom he claims an exemption on his tax return.



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