IRS requirements for claiming a kidnapped child (house, member, widow)

Bane of your existence · 03-23-2009, 08:33 PM

Quote:

Topic 357 - Tax Information for Parents of Kidnapped Children

You may claim a kidnapped child as your dependent if the following requirements are met:

The child must be presumed by law enforcement to have been kidnapped by someone who is not a member of your family or a member of the child's family, and
The child had, for the taxable year in which the kidnapping occurred, the same principal place of abode as the taxpayer for more than one-half of the portion of such year before the date of kidnapping.
If both of these requirements are met, the child may meet the requirements for purposes of determining:
The dependency exemption
The child tax credit, and
Head of household or qualifying widow(er) with dependent child filing status.

This tax treatment will cease to apply as of your first tax year beginning after the calendar year in which either there is a determination that the child is dead or the child would have reached age 18, whichever occurs first.

Tax Topics - Topic 357 Tax Information for Parents of Kidnapped Children

Surell · 03-23-2009, 08:34 PM

Haha, the IRS don't give a damn about your feelings.

Bane of your existence · 03-23-2009, 08:37 PM

My question is, What happens when a couple kidnaps someone (think Amy Smart) and then gets separated?
Is there a joint custody thing where they can both claim said dependant? Can the kidnapee choose which kidnapper to go with? Maybe one has a pool you know.

TheBig3 · 03-23-2009, 08:40 PM

Quote:

Originally Posted by Bane of your existence

Tax Topics - Topic 357 Tax Information for Parents of Kidnapped Children

mmmm that sounds terrible lady, look. ya want the ****ing tax credit or don't ya?

these laws were created in Brooklyn clearly.

Surell · 03-23-2009, 08:50 PM

Quote:

Originally Posted by TheBig3KilledMyRainDog

mmmm that sounds terrible lady, look. ya want the ****ing tax credit or don't ya?

these laws were created in Brooklyn clearly.

True that.

Quote:

Originally Posted by Bane of your existence

My question is, What happens when a couple kidnaps someone (think Amy Smart) and then gets separated?
Is there a joint custody thing where they can both claim said dependant? Can the kidnapee choose which kidnapper to go with? Maybe one has a pool you know.

I'm sure there will be all kinds of loopholes parents will look for. As for this example, I don't think the kid gets to choose because... I dunno, it'd give away the kidnapper.

Freebase Dali · 03-23-2009, 11:13 PM

The tax information is addressed to the PARENTS of a child who is kidnapped.
It's not for the people who did the kidnapping.
You read it wrong.
By "claiming a kidnapped child", it means "your child who has been kidnapped".

If your kid gets kidnapped and a couple months later it's tax time, you can file your kid as a dependent like you normally would.

Why would there be a provision for a kidnapper to file his victim as a dependent on his tax return? If that were the case, we'd all kidnap on a regular basis for the tax benefits. We'd have sacks of spare children just in case one up and died. Or turned 18.

Surell · 03-23-2009, 11:26 PM

We knew that. We're talking about if the parent's kidnapped the child, me and Bane there.

Freebase Dali · 03-23-2009, 11:34 PM

Like... if you kidnapped your own kid? I dun get how that works.

Or I could see if a couple got divorced and both shared custody of their kid, then one parent kidnapped the kid and ran away to like, Idaho and started a potato farm... But I dunno who claims the kid as a dependent when there's joint custody...

Ok, now I've just ruined the party.

Surell · 03-24-2009, 12:04 AM

It'd just be that they keep their kid from the public and claim him as a dependent. But wouldn't that be the same as keeping the kid without the kidnapping scenario? Or is this extra?

Freebase Dali · 03-24-2009, 12:49 AM

Quote:

Originally Posted by Surell

It'd just be that they keep their kid from the public and claim him as a dependent. But wouldn't that be the same as keeping the kid without the kidnapping scenario? Or is this extra?

Yea I dun think that's considered kidnapping.
That's more in the child abuse territory.

I'm pretty sure that in order for your kidnapping endeavors to be valid in the eyes of the law, you can't be the legal guardian of said child.

03-23-2009, 11:13 PM	#6 (permalink)
Freebase Dali Partying on the inside Join Date: Mar 2009 Posts: 5,584	The tax information is addressed to the PARENTS of a child who is kidnapped. It's not for the people who did the kidnapping. You read it wrong. By "claiming a kidnapped child", it means "your child who has been kidnapped". If your kid gets kidnapped and a couple months later it's tax time, you can file your kid as a dependent like you normally would. Why would there be a provision for a kidnapper to file his victim as a dependent on his tax return? If that were the case, we'd all kidnap on a regular basis for the tax benefits. We'd have sacks of spare children just in case one up and died. Or turned 18. __________________

03-23-2009, 11:34 PM	#8 (permalink)
Freebase Dali Partying on the inside Join Date: Mar 2009 Posts: 5,584	Like... if you kidnapped your own kid? I dun get how that works. Or I could see if a couple got divorced and both shared custody of their kid, then one parent kidnapped the kid and ran away to like, Idaho and started a potato farm... But I dunno who claims the kid as a dependent when there's joint custody... Ok, now I've just ruined the party. __________________

03-23-2009, 08:37 PM	#3 (permalink)
Bane of your existence Such That Join Date: May 2007 Location: Austin, Tx Posts: 1,197	My question is, What happens when a couple kidnaps someone (think Amy Smart) and then gets separated? Is there a joint custody thing where they can both claim said dependant? Can the kidnapee choose which kidnapper to go with? Maybe one has a pool you know.