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