I amended my tax return to remove my son, and allow my husband to claim him. I did my taxes before consuling my husband & it turned out he would have gotten the bigger return. However, despite me amending mine he was not allowed to claim our son. We went through a lot of mess only to still be denied because of the "lack of evidence" showing that he was the primary financial provider. Long story ... I lost my tax return in the process. What can I do now? We are his parents, one of us should be allowed to claim him on that return & if not my husband than it should be me.
2007-01-08 00:08:22 · 7 answers · asked by Kelli McCoy 2 in Business & Finance ➔ Taxes ➔ United States
They have a document from you saying that the child is not your dependent (the 1040 X amendment). They have proved (to their satisfaction) that your "husband" can't claim the child. You are going to be in a run around. You may be able to resolve this with proof documents that the child meets the dependency requirements for your return. It may make a difference what years this was because the rules changed in 2005. You should see a tax professional and determine if it is worth while to file another amendment. You are never going to see that money if you try to do this yourself.
2007-01-08 02:26:25 · answer #1 · answered by ? 6 · 1⤊ 0⤋
Your question tells me that you are not being guided correctly in tax matters.
1. The only person allowed to claim a child as a dependent is one who provides OVER half of their support, the one who provides a roof over their head, the one who is related directly to the child and/or the one whom a divorce decree has pronounced able.
2. If you are co-habitating with your "husband" I would advise that you are filing as Married filing Separately. If not you are asking for lots of trouble if you are ever caught.
3. There is a mis-conception that the relative who stands the most to gain from "claiming" a dependent is the the one who should "carry" them: this is FALSE and the fines and penalties are terrible.
4. By amending your return you advised the IRS that you were not allowed to claim the child as a dependent, and if they denied your "husband" then you can hope that not being able to claim the child is the only repercussion you two will suffer.
5. If this is your ex-husband who never lived with you during the tax year and he can prove he has done everything to claim the child then contact the IRS 800-829-1040 and ask for a Taxpayer Advocate. Good Luck.
Only trying to help .....
2007-01-08 01:21:17 · answer #2 · answered by Wood Smoke ~ Free2Bme! 6 · 0⤊ 2⤋
It sounds really strange. If he pays child support, and if you are not claiming him, he should be able to. Anyway, as for the lost return, if it was already filed with IRS, you could ask them to send you a copy. It will cost a few dollars, but, they will send you one. Then, you have to file another amendment.
2007-01-08 00:14:45 · answer #3 · answered by spot 5 · 0⤊ 0⤋
You can do another amendment. You really should contact a tax advisor for some help with this. Good luck!
2007-01-08 00:12:37 · answer #4 · answered by strawberrycrush 4 · 0⤊ 0⤋
the only thing here i can say is that you lost yourself your taxreturn because of this mess . If you are living seperate then you can claim the child when he is living in your house . If he does not live in your husbands house then he has no right to caim him . check this with your tax advisor
2007-01-08 00:12:05 · answer #5 · answered by silverearth1 7 · 0⤊ 0⤋
go to a tax asvisor. why are you filing separately are you divorced? married filing jointly is generally the best option for married couples especially with children.
2007-01-08 00:10:52 · answer #6 · answered by starla 3 · 0⤊ 0⤋
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2016-10-30 08:09:48 · answer #7 · answered by stever 4 · 0⤊ 0⤋