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Foreign students and taxes

Question: I have a niece in Peru who wants to live and study in the U.S. I have no children and love her very much. If my husband and I pay for her education and expenses here – and  let her live with us while studying, can we deduct it?

Answer: Possibly.  If she is here under an exchange student program, you may deduct, as a charitable contribution, up to $50 a month. However, if she is no one else’s dpendent, lives with you all year, has gross income of less than $3,800.00, and you provide more than half of her total support than you can take her as your dependent.  You will want to be very careful to calculate the total support correctly.  If she receives public assistance, it may count toward her “income”.

My personal advice: Take her into your home.  You won’t regret the  year with her.  Sounds like she’s very special.  Deduction or no deduction, this chance may not come again.

Child support tax deduction question

Question: I have three children with my divorced husband. He pays a small child support for them of $200 each per month but I have to provide everything else for them and it is a lot. He says that because he pays child support the law says he gets to take them as a deduction on his taxes, not me. Is this true? They live with me.

Answer: Nope.  You get them. 1.) They are your natural children 2.) They live with you and spent more than 183 nights under your roof 3.) You pay more than half their support 4.) They are under the age of 19.(or age 24 if a student) 5.) They do not file a joint return with anyone else 6.)  They are American citizens, resident aliens, or Mexican or Canadian Nationals.

Hint: File as early in the year as possible.  IRS often awards the dependency to the taxpayer who files first.  It is possible to reverse a dependency on a tax return;  but it is very difficult.