My mom claimed him but she doesn't have the social security number while the father has the number and plans to claim him when his W-2's come in... what will happen to them.... and who will get the tax return?
2007-01-18 06:46:26 · 20 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
maybe jail or she will have to pay back every thing
2007-01-18 06:48:43 · answer #1 · answered by Baby 6 · 0⤊ 1⤋
Whoever has physical custody (unless otherwise stated in divorce papers) claims the child.
Where does the child lives at least 51% or 6 1/2 months out of the year?
Your mom can't claim the child without a SS #. However there is time to get one.
If both claim the child..then somebodies going to have some explaining to do. Usually it is the one who gets the tax return in last...it can cause a lot of confusion.
Unless the parties involved can work this out, before they file, it can and will delay your tax refund for quite a while.
My son still hasn't received his return from last year because of such a situation. He has court ordered custody but "mom" fraudulently filed the children on her tax and now my son has to prove he is the legal guardian of the children. It has been a mess.
And yes my son's Ex wife will have to pay back any over payment she received due to filing fraudulently. There can be charges brought against a person filing fraudulent information on tax returns.
But you do have to have the SS# to file.
2007-01-18 06:51:11 · answer #2 · answered by Jan J 4 · 0⤊ 0⤋
Your mother must have the social security number to claim the child. The IRS will ignore the deduction without it.
If your mother gets the # and claims him, and then the father claims him; the IRS will catch that. If your mom files quite a bit earlier than the father, she may receive the refund. Then he will file and the IRS will catch it then. Or they will file too close to the same time and the IRS will hold the refund of both of them. They can put a lien against your mother until they decide who the refund goes to, if she receives the refund before the father files. They will usually send both parties letters asking for proof that they are entitled to the deduction. I have seen them do this quite a bit. The person the child lived with for 6 1/2 months of the year is entitled to claim him.
2007-01-18 08:14:07 · answer #3 · answered by T H 4 · 0⤊ 0⤋
You can't claim a person without having their social security number, so if your mom sent in her return on paper without the soc #, her claim to him will be disallowed, or she'll get a letter from the IRS asking for the number before her return can be processed. If she tried to efile, the return would not be accepted in the first place and would have to be corrected and retransmitted.
Your later question has more detail, and it sounds very possible that the father does not have the right to claim him.
2007-01-18 16:39:22 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
There are set rules to decide who is ENTITLED to the dependency exemption (I've provided a link to that information). On top of that, the IRS will not allow a dependency exemption with a social security number.
Some responders talked about "IF" there is an audit. If two parties claim the same dependent using the same social security number, you can be virtually certain they will receive notices from the IRS.
If two taxpayers try to efile their returns both claiming the same dependent, the second return will get rejected. If a taxpayer is entitled to a dependency exemption and is afraid someone else might try to claim it, file first! (If you file second, paper file the return so that you can claim the exemption.)
2007-01-18 08:10:09 · answer #5 · answered by Take Responsibility 2 · 0⤊ 0⤋
the social security number is now required to claim the child on the taxes, so she may be out of luck. I would think the person that has custody of the child is normally the one that would claim him unless the parents have some other type of arrangements made.
2007-01-18 06:56:05 · answer #6 · answered by lady_daizee 3 · 0⤊ 0⤋
You have to have the childs SSN to claim them. However, if you do so without the child qualifying as a dependent you are in violation of the law and you CAN get in trouble but somehow I seriously doubt the IRS is going to give a crap about one guy running around with a misappropriated child tax credit. My dad claimed us for years even though my mom had full custody and also claimed us. He was never audited.
2007-01-18 06:52:39 · answer #7 · answered by tiny_dog10 2 · 0⤊ 0⤋
Your mother can not claim the dependent without a SSN. The IRS will refuse the deduction.
If the child was in fact cared for by the grandmother, (without support from the father), she is legally entitled to claim the child a a dependent. She can inform the IRS that the father is withholding the information, and ask for a ruling.
2007-01-18 06:51:03 · answer #8 · answered by Anonymous · 1⤊ 0⤋
The dependent exemption for your mom will get kicked out, even if she filed first, because the SSN is not on the return. The father's return will have the SSN, so it will get accepted. By the time your mom tries the clear it up by providing the IRS with the SSN, the father's return will probably already have been filed, so your mom's return will get the dependent exemption denied again.
2007-01-18 06:57:17 · answer #9 · answered by jseah114 6 · 0⤊ 0⤋
The person who the child lives with is entitled to claim him on their taxes. Call 1-800-772-1213. That's the social security information service line. They will explain what you need to do in this matter.
2007-01-18 06:58:11 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Who is the rightful owner of the child and who has the child's SS number. That is the person that can claim and receive the cash. The other person can be held up for fraud and acting under false pretences so to speak.
2007-01-18 06:56:07 · answer #11 · answered by Anonymous · 0⤊ 0⤋