The Kidd

Very true. And that's why I cited the actual tax code itself, which DOES in fact mean it is the way it is. You also believe, "it does not say 100% it cannot happen as HOH," but I already quoted the actual language that DOES say so.

Well, I don't know what your game is, but since you have finally stated that they lived together all year, I will fulfill my promise by telling you how to audit-proof this return. First, unless your client is married use filing status of Single. Do not claim any of the four tax benefits that require a qualifying child, including Head of Household, EIC, CTC, and Form 2441.

Second, recognize that "random guy" has already declared under penalty of perjury that the mother did NOT join your client during 2012. Obviously that was done with the mother's agreement; you say "they" only claimed one child. So she is being inconsistent. Months after leaving her old boyfriend, she helped him file a fraudulent return with her own SSN! You have minimal proof of residence, so boost it with at least a couple of items dated in 2012.

Third, Complete the worksheet on page 16 of Pub 501 for EACH dependent. Make a good faith effort to include support or gifts from the father, welfare, and any other resource for the family. For housing costs, the worksheet allows only 1/4 of fair rental value regardless of actual costs such as mortgage or utilities. That's what it takes.

Thanks. your a good guy and I really want to see if I am right or wrong.

I will do what it takes to protect myself and firm as you stated and more. but I still am very anxious to see if this right or wrong. LOL and the said thing is this will be a waiting game and not something I'll find out next week.

and I really don't want anymore of having to prove right or wrong from us. I want to learn and help others. So I am going to quit with feeling like I have to prove this to y'all. BUT.......... I am curious on how you would have handled this case. I know it is simple and etc, but there is reasons to do things imo.

so here it is.

Mr. John Smith is a "new" client. he receives a W2 and 1098 mortgage.

He also has provided proof that his Girl friend has lived with him for all of 2013.

And the Girl Friend has two children that are hers.

- the childerns father lives at home with his mother and goes to school and is her dependant.

The children have lived with the Mr. John Smith for the entire year of 2013. there is age under 18 years old.

Mr. smith also provides over 50% for the children and his Girl friend.

The children and girl friend are residents to Mr. Smith house. (providing License, insurance, mail and etc.)

The girl friend made zero and has nothing to report.

in 2012. Mr. john smith and the Girl friend lived together for 3 months.

Mr. john smith filed single and had a w2.

the girl friend tax return had no tax return. but was claimed on another guys tax return as HOH. and also had one child claimed on there.

The girl friend is 26 years old. Mr. Smith is 26 years old.

if you need more information, please ask.

and thanks. I feel this way can help me in getting better understanding then earliers performance.

First time I saw this I was wondering if H&R block took over my ATX.

I have never liked hearing that clients had to pay to covered. If it is something that is my fault (for instance the HOH I am dealing with), then I will do that for free. If it is something I did on my decision, then that is on me. but if they left out something, then I will assist them on what to do (and sometimes even send a letter for them) for free; but once they want me to represent, then there is fee to do so.

You have a real problem, IMHO, claiming these people as dependants, given what you just told us. If she was claimed by someone else, last year, the odds are really high that she did not move in with the new guy on 1/1/13, in which case she and the kids do not meet the very strict requirements for non-related dependants.

Also, are you clear now that even if he could claim them as dependants, he can not claim HOH ?

ok let me explain more in detail detail

in 2012 she stayed at some random guys house for 11 months. (as far as I have been told by her, that guy meet all the criteria to claim them and hoh)

while still in 2012 she met my client and moved in with him. She moved the children in with him as well. he meets everything in claiming her. and because he claims her, he then can claim the children. (she does not have to file because she had zero income.).

I did just a quick search the other day and this is from turbo tax. https://turbotax.intuit.com/tax-tools/tax-tips/Family/12-Tricky-Tax-Dependent-Dilemmas/INF12074.html

I could care less about turbo tax. but it states the same thing as I am. it does not say HOH, but I know what I read in the past and I also know how her tax return were done last year.

I have done my homework with looking at the residence, providing proof (mailing address, license, and etc). I am not the IRS to say, "no you cannot". we prepare, we are not the say so. If I see that it cannot be done, then I do not do it. but if I feel it is right and best for the client, the yes I will do it.

Lastly, I will state the exact same thing as I have stated a few times. I will gladly bump this thread when it is decided to be right or wrong. Because I am sure the Father will be fighting it. and also I am not going to go searching for laws just to prove it to y'all. even what some have provided has problems. 1. it does not say 100% it cannot happen as HOH. and 2. just cause something is said in pub *** does not mean it is the way it is. <<<<----- IRS states at times that things are open to interpretation. And in those cases you prove your case and win.

I hope you understand my point of not wanting to waste a couple hours on this just to prove it to y'all. Because 1. the Father may not fight or the IRS says all is good. and 2. y'all are not the one who is going to say this is wrong and not. so no point on wasting my time. 3. It has already been submitted, there is nothing I can do. But I have considered what has been said for reasons to do this and that and etc.

Lastly, I am not afraid to be wrong. it happens sometimes, if someone on here has never been wrong on simple to complicated things, then they are a liar flat out. I am not afraid to come in and say I am wrong, but I will wait until I hear from the IRS.

I have had people become my clients because they have said, "H&R/Jackson/guy next door said, they could not file me until the 15th of next month. So I am going to use yu because you can file me sooner". and I smile and say OK.

So I wonder how many they saw this year on opening day vs last year on opening day.

You expect your position to be challenged, but you are not worried even though you are not able to support it? And you get upset when an expert gives you the advice you asked for.

It sounds to me like you are still confusing dependent exemption with filing status. I think you misunderstood what you read, or it may have been something from before the law changed. Or it may have been wrong, even if it was somewhere on the IRS website. [Yesterday I reported something that the IRS itself challenged in court even though it was from their own publication .]

Please tell us how the mother filed in 2012, and when she separated from the father. Then we will tell you how to audit-proof this return. Because based on what you have told us so far, I think the professional at Jackson Hewitt is correct.

LOL, do not think I am just going to sit back with the IRS and say, "oh I read it somewhere". I will find it and read through many things. But as far as here goes, I'm not worried about proving it to y'all ( no offense to anyone). I just know the IRS is who I deal with the fight for my client and get him his amount, and not y'all (again no offense).

glad you asked that question. Because I knew she was claimed with another guy that she was with. (the girl moves around a lot with men apparently LOL). anyhow I just looked at it and it was HOH as well. the only thing that is different is they only claimed one child and the father of the child claimed the other child.

the reason why he one child for each parent. is because the father filed his return first but could only find one social. (so this has been always a battle of, "I put mine in first. and then the IRS then sends letters out asking for proof from each party.). anyhow last years no one fought it.

The return for the girl friend and the client I am doing now, I have never done their return before.

lastly, just because it was done on the tax return in the past. Does not mean that is enough of reason for me to do it.

anyhow, when I get to that bridge, I will get to that bridge. but I rather focus on getting tax returns done, then wonder/stress on something that may not even happen.

The relationship is other.

The mother is claimed as well. because she does not work. Which is the reason he can claim them as long as he claims the mother.

Side note: I did a search for it from the irs. But i can't find what I read. I found other sites that state it. (sadly places like turbo tax).

I'm not worried about it at all. And i will bump this thread when everything hits the fan of the father trying to fight it. Therefore I'm not going to keep searching for it.

Yeah I'm still waiting on my state as well.

I'm assuming you are still connected to three internet.

Do try to restart it. Some programs lose connection when the computer goes to sleep.

Also have you tried to restart it.

update the latest patch.

The last thing is to go into properties and connection. But I'm unsure of the step by step.

Yes, it can be used on Android and iOS tablets.

thank you kea. I will now be getting this. just because this is our first year doing our business all on our own. and I know right now I probably will only have a small percentage of my client doing the same. I assume that maybe only 10-30.

There are reports from Atlanta officials that pictures being circulated claiming to be from Atlanta are not. But, if it is on the internet it must be true....

from here on out you are on my ignore list.

Last year when I converted from TaxWise to ATX, there was a huge problem. I had to contact ATX for days until it was correctly fixed.

anyone ever see the walking dead?

Also the pictures you look at, do not think it is traffic. it is usually abandon cars.

for you conspiracy people. the walking dead is even filmed here. So some people are saying this was Illuminati. LOL

I live in Atlanta and this is what took place.

Basically we had idiots of leaders.

- Last week we knew the storm of 1"-3"+ was on it's way to central Georgia. for the Atlanta area it was said to be 1" or less.

- The day of the snow about 11:00 the moved the warning to the Atlanta region and said we would get 1"-3".

- GDOT came out and said they were not going to pour salt on the roads, until snow was actually on the roads. (STUPID).

- well about 4:00 the Mayor said, "everyone get the heck out of Atlanta ASAP". there was already people leaving for the day, but now there was a rush of more people leaving and also people having to turn around. Well the road was ice and - once a few cars get stuck, then the rest of the cars get stuck. It doesn't matter what car or how awesome you are. If you get stuck behind a bad driver, you are screwed.

- once all the cars were stuck. people were on the roads all night long with no help from Atlanta.

- the next day, the mayor LIED to the national guard about the situation. and lucky someone else called them in saying how bad it was. and when they arrived here they freaked.

- people had abandon their cars on every major interstate in and around Atlanta.

- - a lot of those people slept inside pharmacy places, grocery stores, and other businesses.

- - there was also over 11,000 children involved as well.

The children and most people did not get home until 24+ hours later. yet still there was about a 1,000 kids and a good bit of people who were still sleeping in stores because they could not get out.

Interstate 75 and 285 did not get cleared to travel on until yesterday. there is some roads that are still blocked right now.

anyhow I believe we do not have the amount of equipment they say they have. Because every time snow happens you rarely rarely see them, and rarely see evidence they poured salt. Also we have been promised over and over how they won't let this happen again, but it is always worse the next time.

lastly not only were 10's of thousands of vehicles abandon. but also were many people of Atlanta. it is very very sad. My brother was stuck in all this and found children who were abandon by the school bus driver. it was very heart breaking. no one knows if the driver abandon the children or something happen to him. regardless very very sad.

You need to study up on the requirements for Head of Household as compared to claiming children as dependents. This is basic stuff.

http://www.irs.gov/publications/p501/index.html

basic stuff or not. but you should know that everything is not a clean cut case. I have done my research and talk with the IRS to find out some things. (as I'm sure you have to do so as well)

so don't take this the wrong way. but get off of my junk dude. you been on me ever since I been here day one with always trying to be-little me and bash me and report me. I'm not even saying I am better then you or been doing this longer then you.

if you keep it up, I'll start just ignoring you. I'm not a child who goes around acting all high and mighty and reporting people. I'm not like that at all.

So either we can be cool from here forward or you can go on the ignore list. the choice is yours? But I rather work together as friends to helping one another out.

Namaste'

I'll save you the trouble. The rule you are remembering is on page 17 of the Instructions for Form 1040 (and in Pub 501). It clarifies that the children are not qualifying children of any taxpayer because (in your case) the mother is not required to file a tax return. That allows the unrelated boyfriend to claim them as qualifying relatives for dependent exemptions, but it still does not allow Head of Household.

By the way, I don't think you should be discussing this with the father, unless your client has signed a disclosure form. Meanwhile, don't promise your client a quick refund if the father files first.

You never talk to the father. Disclosure or not. but that is against the firm to work with clients who are divorced, UNLESS they sign a letter saying it is OK for you to work with them both.

And if you want me to work against my client, I will not. that is great way to lose a client.

Also I cannot find anything that says he cannot file head of household.

for further detail. I'm not going to go back and forth with here is this statement and what not. I am sure the father of the child will be fighting this and proof will have to be sent in. and then the IRS will say who is in the right. So when that day comes, would you like me to bump this thread in saying who is right or wrong?

Please give a citation or reference link for that law.

I'm trying to find the law.

but it states that since she cannot file her tax return, and is claimed by someone else, then that someone else can claim the children. As long as that someone/and the mother, provide over 50% and a few other things.

I will find it and post it on here. but don't go and think I am ignoring you. I am just trying to find exactly where it says it.

<<<Facepalm>>>

He is dreaming or high. You should know that the IRS process will not allow such a thing.

hey hey LOL. I had to ask. There is crazy things done each year and some things I had no clue about. LOL

thanks and I face palmed as well.

Can this be used on a tablet? if so it might be better to sign on.

Square is fine, but you need to pay attention to your monthly swipe total. Since the cost per swipe is higher with square than with a machine, there is a break even point. My experience is that the break even point is around $1,500 in monthly swipes. If you swipe more than that, you are spending more on Square than on having a machine, thus losing money.

That price is exactly where I figured when I would be better off buying a credit card machine.

Thanks.

This is the tax return I am working on.

- My client; Mr. Smith, is filing HOH. because his girl friend does not work and has two children.

- His girl friend had the children out of wedlock with another man (Mr. Roberts)

- The children are 2 and 4.

There was no divorce decree made up, because they were never married.

Anyhow Mr. Roberts is saying he has right because the Mother of the child is not filing a tax return. And he is now saying he talked to his tax preparer (Jackson Hewitt), and that preparer is saying they can place a freeze on my clients tax return.

Is that true? because I never seen/heard that. I have seen people send in a letter and mail in the tax return. and it open a case, but never heard they can place a freeze.

Side note: I know my client will win this case. Because the law clearly states it go to the tie breaker rule, but If the spouse is living with someone and that someone pays over 50% and etc etc. then that someone can claim the children before the other spouse can.

That's an awkward way to put it, but I don't view it as harshly as earlier answers. You can affiliate with another office that is already set up with an EFIN (hopefully using the same software). Ask the efile help desk for clarification of your disclosure requirements for transferring the return.

That is basically how I was saying it. sorry for the confusion.

Can't believe someone would go as far as wanting to report me for it. but oh well.

A place I was working at, we obtained an student in college. they were going for accounting.

A lot of students need to focus on schools, yet they need an income. So with us offering just to scan and etc. and give them guidance and PAY them, was what she needed.

Therefore, I say look into some college kids that are in their second year of school.

I don't think the IRS was entirely wrong. It is possible for an ERO to e-file a return for a taxpayer, but that ERO would have to either prepare the return as a paid preparer, or receive the return directly from the taxpayer and be willing to e-file it. I personally don't know any EROs that do that; I know I wouldn't. First, I don't have time to input a return that someone else has prepared that isn't in my system, and second, I don't want my name associated in any way with a return that I didn't prepare myself for someone that isn't my client. It would be possible for an ERO to efile your returns if you are associated with their office as a preparer.

I don't understand your question about "submitting in by mail? if it would cause a problem." Are you asking about your application to be an ERO, or are you asking about preparing returns for your clients to file by mailing in paper returns?

Yes, I am asking about filing for the clients.

I had just seen some people say that you cannot mail if you do over 11 tax returns. And then I seen some say that I should file an 8948 with it.

I had some clients that had a similar case. Their names translated were very different, but that is how they obtained their ITIN#.

You might want to suggest what her name is being translated to English.

You are not allowed to use another person's EFIN. Another ERO would have to be willing to transmit the returns for you with their name as the ERO and associated EFIN. They have to match. You would also have a disclosure problem if you transmit, or in any fashion, give clients' returns to another preparer to act as the ERO without a signed release from each client.

Here's something from the IRS that might clarify: http://www.irs.gov/uac/Electronic-Return-Originator

Electronic Return Originator

An Electronic Return Originator (ERO) is the Authorized IRS e-file Provider that originates the electronic submission of a return to the IRS. The ERO is usually the first point of contact for most taxpayers filing a return using IRS e-file.

The Origination of an Electronic Return

Although an ERO may also engage in return preparation, that activity is separate and different from the origination of the electronic submission of the return to the IRS. An ERO originates the electronic submission of a return after the taxpayer authorizes the filing of the return via IRS e-file. An ERO must originate the electronic submission of only returns that the ERO either prepared or collected from a taxpayer. An ERO originates the electronic submission by either of the following:

Electronically sending the return to a Transmitter that will transmit the return to the IRS

Directly transmitting the return to the IRS

Providing a return to an Intermediate Service Provider for processing prior to transmission to the IRS

In originating the electronic submission of a return, the ERO has a variety of responsibilities, including, but not limited to the following:

Timely originating the electronic submission of returns

Submitting any required supporting paper documents to the IRS

Providing copies to taxpayers

Retaining records and making records available to the IRS

Accepting returns only from taxpayers and Providers

Having only one EFIN for the same firm for use at one location, unless the IRS issued more than one EFIN to the firm for the same location. For this purpose, the business entity is generally the entity that reports on its return the income derived from electronic filing. The IRS may issue more than one EFIN to accommodate a high volume of returns, or as it determines appropriate.

An ERO must clearly display the firm’s “doing business as” name at all locations and sites including Web sites at which the ERO or a third party obtains information from taxpayers for electronic origination of returns by the ERO.

Thanks for clarifying. I really thought nothing of it, and the agent at the E-help line was the one who told me to ask another firm if they would allow me to Efile some of my clients with them.

I know some agents do not have a clue what they are talking about and some do. and aparently I had one today that was telling me something very very wrong.

Thank you.

by chance do you know how this will affect me submitting it by mail? if it would cause a problem.