- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
@JDRM wrote:
We don’t think this example applies – they are not a two tax family. The example under that situation is based on divorced parents – each parent is its own tax family. In this case, Alexis is filing her own tax return but that does not make it a two tax family for purposes of the allocation."
It is clearly TWO "tax families".
The Instructions:
Tax family.
For purposes of the PTC, your tax family consists of the following individuals.
You, if you file a tax return for the year and you can’t be claimed as a dependent on someone else’s 2019 tax return.
Your spouse if filing jointly and he or she can’t be claimed as a dependent on someone else’s 2019 tax return.
Your dependents whom you claim on your 2019 tax return.
https://www.irs.gov/instructions/i8962#idm140224374411152
The Regulations:
(d) Family and family size. A taxpayer's family means the individuals for whom a taxpayer properly claims a deduction for a personal exemption under section 151 for the taxable year. Family size means the number of individuals in the family
https://www.law.cornell.edu/cfr/text/26/1.36B-1
@JDRM wrote:
We all conclude that a father and a daughter can’t decide to allocate all of this credit to the daughter’s tax return.
Regulation §1.36B-4: