What happens if a person claims someone on their taxes that they aren't the legal guardian for?

Answer 1

If the person met the qualifications to be claimed as a dependent, then they are allowed to claim them. They don't necessarily have to be the legal guardian, but must meet IRS rules. You can find these rules in IRS Publication 17, Chapter 3. They're pretty understandable, and the publication gives lots of examples.

If someone claims a person as a dependent that they aren't entitled to claim, and someone else claims the same person as a dependent, the IRS will definitely catch it, and the person not eligible to claim the dependent will have to pay back the money with interest, and with possible penalties depending on the circumstances.

If nobody else claims the same dependent, the person might get caught but might get away with it.

Answer 2

if you are either the main caregiver or you have helped care for this person for over 6 months and have provided most of the monetary care and it is okay with the legal guardian then nothing will happen. but if you are found to be fraudulent, that is, if the irs finds that you have not participated in the care of this person, or if the legal guardian claims this person you will either have to do without claiming the person or if you have claimed the person and the legal guardian claims this same person, then any money you've received will have to be repayed, neither will be able to file until it is clear who can rightfully claim the person, and one of you could be subject to a fine and possibly prison time.

Answer 3

if no one else claims the person then nothing will happen. If the parent/guardian claims the person then whoever files second will have some sort of audit from the IRS. The one who claims the person without being a legal guardian will end up getting a penalty and interest due.

Answer 4

Nothing happens if you are the only one filing a claim on that person. They don't have to be legally in your care, just dependent on you. If two parents each try to file, you will be caught sooner or later and you will owe penalties and interest on the tax you avoided. If it is an honest mistake (50-50 custody arrangement and you both thought you should claim the kid) your best bet is to voluntarily disclose the error to the tax man and take your hits. They might be more lenient than if they find it.

Answer 5

You will get away with it until the true guardian files and claims the person on their return. At that point, the IRS will match the social security number and start sending out nitices.

Answer 6

First of all it is illegal - Second of all it is something the IRS calls FRAUD - If this person is claimed on someones else's return it will trigger an audit - Word of advice....don't do it

Answer 7

This is the second question. The first question is why would "a person" want to be so dishonest? The third question is why is "a person" so comfortable displaying in public her/his intentions to be a crook?

Answer 8

just hope you never get audited