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2004 Instructions for Form 1040 (ALL) - Supreme Law Firm

2004 Instructions for Form 1040 (ALL) - Supreme Law Firm

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<strong>Form</strong> <strong>1040</strong>—Lines 6b and 6c<br />

Support test. You must have provided thorized placement agency whom you<br />

Exemptions over half of the person’s total support in cared <strong>for</strong> as you would your own child),<br />

<strong>2004</strong>. But there are two exceptions to this and<br />

You usually can deduct $3,100 on line 41 test: One <strong>for</strong> children of divorced or sepa- 4. Is a U.S. citizen or resident alien.<br />

<strong>for</strong> each exemption you can take.<br />

rated parents and one <strong>for</strong> persons supported<br />

by two or more taxpayers.<br />

The above requirements are not<br />

For more details about the tests,<br />

the same as the requirements to<br />

Line 6b<br />

!<br />

including any exceptions that<br />

be a qualifying child <strong>for</strong> the<br />

TIP<br />

CAUTION<br />

apply, see Pub. 501.<br />

earned income credit.<br />

Spouse<br />

An adopted child is always treated as<br />

Check the box on line 6b if either of the<br />

Line 6c, Column (2)<br />

your own child. An adopted child includes<br />

following apply.<br />

a child placed with you by an authorized<br />

1. Your filing status is married filing<br />

You must enter each dependent’s social se- placement agency <strong>for</strong> legal adoption even if<br />

jointly.<br />

curity number (SSN). Be sure the name and the adoption is not final. An authorized<br />

SSN entered agree with the dependent’s<br />

2. You were married as of December 31, placement agency includes any person or<br />

social security card. Otherwise, at the time<br />

<strong>2004</strong>, your filing status is married filing court authorized by state law to place chilwe<br />

process your return, we may disallow<br />

separately or head of household, and both<br />

dren <strong>for</strong> legal adoption.<br />

the exemption claimed <strong>for</strong> the dependent<br />

of the following apply.<br />

and reduce or disallow any other tax bene- Children Who Did Not Live With<br />

a. Your spouse had no income and is not fits (such as the child tax credit) based on You Due to Divorce or Separation<br />

filing a return.<br />

that dependent. If the name or SSN on the If you are claiming a child who did not live<br />

b. Your spouse cannot be claimed as a dependent’s social security card is not cor- with you under the rules explained in<br />

dependent on another person’s return. rect, call the Social Security Administra- Pub. 501 <strong>for</strong> children of divorced or sepa-<br />

tion at 1-800-772-1213.<br />

rated parents, attach <strong>Form</strong> 8332 or similar<br />

If your filing status is head of household<br />

For details on how your depention<br />

below.<br />

statement to your return. But see the Excepand<br />

you check the box on line 6b, enter the<br />

dent can get an SSN, see page<br />

name of your spouse on the dotted line next TIP<br />

16. If your dependent will not If your divorce decree or separation<br />

to line 6b. Also, enter your spouse’s social<br />

have a number by April 15, agreement went into effect after 1984, you<br />

security number in the space provided at<br />

2005, see What If You Cannot File on can attach certain pages from the decree or<br />

the top of your return.<br />

Time? on page 12.<br />

agreement instead of <strong>Form</strong> 8332. To be<br />

If your dependent child was born and<br />

able to do this, the decree or agreement<br />

died in <strong>2004</strong> and you do not have an SSN<br />

must state all three of the following.<br />

Line 6c <strong>for</strong> the child, you can attach a copy of the 1. You can claim the child as your dechild’s<br />

birth certificate instead and enter pendent without regard to any condition<br />

Dependents<br />

“Died” in column (2). (such as payment of support).<br />

You can take an exemption <strong>for</strong> each of your<br />

Adoption taxpayer identification numbers 2. The other parent will not claim the<br />

dependents. The following is a brief<br />

(ATINs). If you have a dependent who was child as a dependent.<br />

description of the five tests that must be<br />

met <strong>for</strong> a person to qualify as your depenment<br />

agency and you do not know his or leased.<br />

placed with you by an authorized place- 3. The years <strong>for</strong> which the claim is re-<br />

dent. If you have more than four depenher<br />

SSN, you must get an ATIN <strong>for</strong> the<br />

dents, attach a statement to your return with<br />

Attach all of the following pages from<br />

the required in<strong>for</strong>mation.<br />

dependent from the IRS. An authorized<br />

the decree or agreement.<br />

placement agency includes any person au-<br />

Relationship test. The person must be ei- thorized by state law to place children <strong>for</strong> • Cover page (include the other parent’s<br />

ther your relative or have lived in your legal adoption. See <strong>Form</strong> W-7A <strong>for</strong> details. SSN on that page).<br />

home all year as a member of your house-<br />

• The pages that include all of the in<strong>for</strong>hold.<br />

If the person is not your relative, the<br />

Line 6c, Column (4)<br />

mation identified in (1) through (3) above.<br />

relationship must not violate local law. Check the box in this column if your depen-<br />

• Signature page with the other parent’s<br />

dent is a qualifying child <strong>for</strong> the child tax<br />

Joint return test. If the person is married,<br />

signature and date of agreement.<br />

credit (defined below). If you have a qualihe<br />

or she cannot file a joint return. But the<br />

fying child, you may be able to take the<br />

You must attach the required<br />

person can file a joint return if the return is<br />

child tax credit on line 51 and the additional<br />

in<strong>for</strong>mation even if you filed it<br />

filed only as a claim <strong>for</strong> refund and no tax<br />

child tax credit on line 67.<br />

!<br />

with your return in an earlier<br />

liability would exist <strong>for</strong> either spouse if<br />

CAUTION<br />

year.<br />

they had filed separate returns.<br />

Qualifying child <strong>for</strong> child tax credit. A<br />

qualifying child <strong>for</strong> purposes of the child<br />

Citizen or resident test. The person must<br />

Exception. You do not have to attach <strong>Form</strong><br />

be a U.S. citizen or resident alien, or a<br />

tax credit is a child who:<br />

8332 or similar statement if your divorce<br />

resident of Canada or Mexico. There is an 1. Is claimed as your dependent on line<br />

decree or written separation agreement<br />

exception <strong>for</strong> certain adopted children. To 6c,<br />

went into effect be<strong>for</strong>e 1985 and it states<br />

find out who is a resident alien, use<br />

that you can claim the child as your depen-<br />

2. Was under age 17 at the end of <strong>2004</strong>,<br />

TeleTax topic 851 (see page 8) or see<br />

dent.<br />

3. Is your (a) son, daughter, adopted<br />

Pub. 519.<br />

child, stepchild, or a descendant of any of Other Dependent Children<br />

Income test. The person’s gross income them (<strong>for</strong> example, your grandchild); (b) Include the total number of children who<br />

must be less than $3,100. But your child’s brother, sister, stepbrother, stepsister, or a did not live with you <strong>for</strong> reasons other than<br />

gross income can be $3,100 or more if he or descendant of any of them (<strong>for</strong> example, divorce or separation on the line labeled<br />

she was either (a) under age 19 at the end of your niece or nephew), whom you cared <strong>for</strong> ‘‘Dependents on 6c not entered above.’’<br />

<strong>2004</strong>, or (b) under age 24 at the end of <strong>2004</strong> as you would your own child; or (c) foster Include dependent children who lived in<br />

and a student. child (any child placed with you by an au- Canada or Mexico during <strong>2004</strong>.<br />

Need more in<strong>for</strong>mation or <strong>for</strong>ms? See page 7. -18-

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