[net.taxes] Dependents - New Rules for 1985 Income tax

wdh@faron.UUCP (Dale Hall) (01/14/86)

Does anyone out there have any idea why the 1985 Federal Income Tax rules
have eliminated the exemption for children of a non-custodial parent? Earlier
rules stipulated that the parent who provided the bulk of financial support 
(via child support, not alimony) was entitled to claim the child as a
dependent. This year, this is allowed only if one of the following two
conditions is met: (i) the custodial parent waives all rights to such an
exemption (via some official IRS form which must be filed with the 1040 of
the non-custodial parent), or (ii) the divorce decree (pre - 1985)
specifically stated that the non-custodial parent shall retain the
dependency exemption. 

This action seems in some way to be related to the recently aggressive stand
taken by the Federal government towards protecting the child-support rights
of children --- for instance, income can be attached, Federal tax refunds
can be seized, and perhaps several other avenues exist, when a person fails
to meet the obligations of support. However, this seems virtually calculated
to punish those who do support their children after divorce.

Anyhow, I'm really curious as to any non-cynical reasoning of this point.
Answers can be mailed to me at my address above, or if the topic is
perceived as of more general interest, simply responding through the net is
adequate. I'll just sit here with bated breath for the answers to roll in.

miorelli@pwa-b.UUCP (Bob Miorelli) (01/16/86)

Actually the old vs. new rules were incompletely stated.  Here it is:

OLD RULES:
	If the divorce decree states that the non-custodial parent claims
	the dependent AND that parent provided at least $600 of child support
	then the non-custodial parent may claim.  Otherwise the custodial
	parent may claim anyway.

	If the divorce decree doesn't state who may claim, and the 
	non-custodial parent provided at least $1200 child support, then
	the non-custodial parent may claim UNLESS the custodial parent
	can prove that he/she provided more support.

	If the divorce decree doesn't state and the non-custodial parent
	provided LESS THAN $600 child support, he/she cannot claim.

	If the divorce decree doesn't state, and the non-custodial parent
	provide at least $600, but less than $1200 support, the parent
	with the greater support may claim the deduction.

NEW RULES:
	The custodial parent may claim the exemption UNLESS one of the
	following:
	   A pre-1985 divorce decree is in effect AND it states that
	   the non-custodial parent may claim the exemption AND the
	   non-custodial parent provide at least $600 in support  (the
	   old $600 dollar rule)
	or
	   The non-custodial parent specifically allows the non-custodial
	   parent to claim the exemption.  The non-custodial parent must
	   attach a written statement to his/her return signed by the
 	   custodial parent specifically allowing the transfer of the
	   dependent exemption.  (Form 8322 (i think)) may be used for this
	   purpose.

In addition, the child is considered  a dependent of BOTH parents for
claiming medical expenses.  The parent who paid for medical care may
claim that expense regardless of who is claiming the dependent.


Now, why all this??  More often than not, the child was being claimed twice.
Also, the custodial parent almost always provides the greater support.
Remember, support is anything and everything spent on the child's behalf.
Included is the fair rental value of the home including furnishings,
food, and utilities divided by the number of people living in the home,
plus anything spent directly on the child (clothing, haircuts, vacations,
medical care, child care, movies, etc., etc., etc.)
Almost always the custodial parent provides over 50% of the support.

Any other questions to me directly.

-->BoB Miorelli, Pratt & Whitney
.... also, H & R Block tax preparer and course instructor
philabs!pwa-b!miorelli


-- 

-->BoB Miorelli, Pratt & Whitney Aircraft
philabs!pwa-b!miorelli
utah-cs!utah-gr!pwa-b!miorelli

dave@lsuc.UUCP (David Sherman) (01/16/86)

From: wdh@faron.UUCP (Dale Hall)
> Does anyone out there have any idea why the 1985 Federal Income Tax rules
> have eliminated the exemption for children of a non-custodial parent? Earlier
> rules stipulated that the parent who provided the bulk of financial support 
> (via child support, not alimony) was entitled to claim the child as a
> dependent. This year, this is allowed only if one of the following two
> conditions is met: (i) the custodial parent waives all rights to such an
> exemption (via some official IRS form which must be filed with the 1040 of
> the non-custodial parent), or (ii) the divorce decree (pre - 1985)
> specifically stated that the non-custodial parent shall retain the
> dependency exemption. 

Although I'm not familiar with U.S. tax policy, this sounds like
quite a reasonable anti-avoidance provision to me, and is effectively
the same as the limitation in s.109(4) of the Income Tax Act (Canada).
If the spouses are separated or divorced, both might try to claim
the deduction otherwise. Denying it by statute to the non-custodial
parent unless otherwise agreed is reasonable. Note that the intention
is not, as suggested, to "punish those who support their children
after divorce", but to make sure that the issue is addressed in
the settlement between the parties, whether that be by contract
or court order. In theory, at least, the issue of who gets to
claim an exemption for the children is just one of the issues
on the bargaining table (or at litigation), along with custody,
the house and who gets the pet budgie.

Dave Sherman (just another tax lawyer...)
The Law Society of Upper Canada
Toronto
-- 
{ ihnp4!utzoo  pesnta  utcs  hcr  decvax!utcsri  } !lsuc!dave