Solar Panel

[10409000]

good morning. I have a married couple who plan on filing as married separately this year. the husband put the solar panel contract in his name only. The home is jointly owned by both of them. The husband owes child support so he doesnt want to claim the solar panel credit. Can his wife claim it on her MFS return even though the contract is not in her name but is owner of the home?

[TaxGuyBill]

Good question, but I'm not sure.  It could even depend if it is in a Community Property State.

However, I just want to 'vent' my annoyance at people like that ... they owe child support and don't want to claim a credit to pay the child support (yet, they apparently had enough money to spend on installing solar panels).  I wish these people would stop being deadbeats.

[IRonMaN]

Thank you Bill.  I saw the question earlier and passed commenting on it because I had the same thoughts as you ----------------- can't support my kids but it would be cool to buy me some solar panels.  

[taxes96786 · Accepted solution]

I would tell your client that this is an issue they have to work out before any return is filed. It is not right to put the preparer in the middle of this, not to mention due dilligence. If you have knowledge of them trying to do something that is not kosher, you should not do the return.

[10409000]

I agree, I do say "sorry i cant help you" to alot of clients just simply because i dont want the client getting any irs letters or audited and having to pay back any penalty or interest for incorrect credits/deductions. Id rather not help instead of looking like the bad guy at the end.