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Thread: Additional Tax Exemption

  1. #1
    Junior Member
    Join Date
    Aug 2012
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    Davao City
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    Additional Tax Exemption

    Good evening, Atty Biron.
    I've just registered myself on this website of yours because I want to know what is the truth about the additional tax exemption.
    My situation is this: I have been a solo parent since 2004 to a now 8-year old kid. My husband and I have been unofficially separated since that year.
    He agreed to waived and affixed his signature on the additional tax exemption form back then because he was jobless then. Now, he has a job in Manila, has a new family with 2 kids there with another woman and lost the RA9262 case for economic abuse. He wants to revoke the waiver for additional tax exemption from me just because he is supporting our daughter just this year (started last March 2012 to be exact). Is it revocable even if I don't agree with his plan? Don't I have the right to claim the additional tax exemption for my daughter who's under my custody since we separated. What can I do to stop it? Will I have to bear the difficulties of being taxed higher like a single person? He already declared his two illegitimate children on his PhilHealth, SSS and BIR, will he win on this case? I've search the net about the Magna Carta for Women on Taxation and it states there that either of the spouse can claim for the additional tax exemption only if the child is in custody of either of the spouse. The child is with me. To whom will BIR honor the right to claim additional tax exemption, me or him? Please help me on this matter. I'm confused.

  2. #2
    Administrator Atty. James S. Biron's Avatar
    Join Date
    Jul 2010
    Location
    Makati City
    Posts
    659
    Good evening, Matridor! I know this is a very late reply, but for the benefit of our dear readers, the answer to your question is that you will have the right to claim for additional tax exemption given that the child is in your custody.

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