Claiming your parents on your tax return

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by Rose Broyles

Every year, that dreaded time comes to file and pay taxes to Uncle Sam or collect a refund. One of the more complicated, yet much welcomed benefit of filing taxes is the ability to claim Mom and/or Dad on your tax return. But wait a minute, it’s not that easy. But once you figure out if they qualify it can make the difference whether you’re going to owe taxes or be able to have a little bit of spending cash to help out your parents some more and/or have a little extra for a nice dinner!

The only things certain in life are death and taxes
~Benjamin Franklin

Can you claim your elderly parents?

Requirement 1: Income –  The dependent parent can’t make more than the exemption amount of $3500, currently.  $3500.00 does not include Social Security which isn’t included in that equation. But, it does include things like pension, 401K, and other types of investments.

Requirement 2: Claiming both or one — You can’t claim your parents if they file a joint return. You can, however, claim one parent who qualifies for the income requirement. The other parent would have to file separately.

Requirement 3: Paying for more than half of their expenses – In addition to the above requirements, you have to prove that you are paying for more than half of their living and medical expenses. It can get tricky though,

Say mom doesn’t have $3,500 taxable income, but gets $15,000 in Social Security and uses it to pay for some medicine and buy clothes. In that case, your contribution to her support may not come up to half”, says John Roth a federal tax analyst with CCH Inc.

There is a little bit of flexibility in that Mom and Dad don’t have to live with you. If they live in a nursing home, assisted-living or even in their own home , the costs that you contribute to their care can count towards the IRS requirement.

Some Leeway

Even if your parent(s) may not qualify for the income exemption, if they qualify for the other factors such as medical costs, you can claim them as your dependent. Be sure to include costs as medicare supplementary insurance and long term insurance.

Sharing with Siblings

The downfall of claiming your parents on your taxes, is that if you share caregiving with other siblings, only one of you can claim the dependent status. Once the siblings decide who is going to be the one claiming that there is an option called the Multiple Support Declaration that you can file that allow the others to file a waiver  to the tax exemption claim.  The good thing about this is that one sibling can rotate every year as the “provider”.

For more information, read Tax help in caring for an aging parent

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Power of Attorney and Tax Levys

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by Rose Broyles

I wrote an article awhile back about Eldercare Law: When Senior Still Has Mental Capacity and the importance of getting things in order for your parents. This is one of the times where we should have followed our own advice. We figured that since Dad still understands what’s going on around him, we could wait a little longer to secure a Power of Attorney for him. Although he is still mentally alert, he has a hard time understanding what people say to him over the phone. Recently, Dad had a levy placed on ALL of the funds at the bank. The California Franchise Tax Board decided that Dad owes a good amount in back taxes and held his Social Security check.

No Power of Attorney, No Information

Big problem for us, as that money needed to go towards their rent. When we called the California Franchise Tax Board (as indicated by the bank) they would not release any information to me as far as how much he owes, and what kind of payment arrangement we could make (because this would cause a hardship). Yes, I could have just gone over to Dad’s house and have him give them permission for me to talk to them. What a pain that would be! So, after waiting a long time to do this, we decided to go ahead and file for a Power of Attorney at Legal Zoom.

So, we should be getting the papers shortly. We’ll then need to go get them notarized so that we can start handling Dad’s affairs without burdening him. Of course, he already leaves everything to us to take care of. You should make sure that your parents are ok with you handling anything financial, legal or medical on their behalf before you do anything.

No Holds Barred When You Owe Taxes

The problem with tax authorities is that they do not discriminate when it comes to collecting supposed “owed” taxes. They don’t care if you are senior, a single mom or millionaire. It didn’t matter if this was a joint bank account or a single bank account.  Any account with Dad’s social security number attached to it would have been affected regardless. So, even if we had our own money going into that account we ourselves would be affected and couldn’t do anything about it! So, lesson learned. I’ll keep you posted! How about you? Have you had any horror stories with taxes and your parents?

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