I receive SSA disability and my children receive benefits also, of which I am the representative payee.
Who's income is the childrens benefits applied to, and is it taxable?
The IRS has a publication that discusses the tax issues relating to social security disability benefits. The publication is Pub. 915, Social Security and Equivalent Railroad Retirement Benefits, and can be downloaded directly from the IRS website here: http://www.irs.gov/pub/irs-pdf/p915.pdf
With respect to your specific question: the benefits your children receive belong to them and may, or may not, be taxable to them depending on how much income your children have (taking into account the benefits they receive). To be clear, the benefits your children receive are not your income and are not used to determine whether or not you owe tax on your own benefits.
Since I don't know all the facts, I cannot give you a specific answer as to whether in fact those benefits will be taxed, I can only point you in the direction of the resources that may help you answer that question. If you're still unsure, please consult with a competent local accountant or CPA, who should be able to give you the answer.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dwatchley@newyorktaxcounsel or visit my website at www.newyorktaxcounsel.com
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Social Security Lawyers
My esteemed colleague, Attorney Atchley, has given an excellent answer. I hope you avail yourself of his wise suggestions.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
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