I and my wife are seperated for 5 years now and my son has been living with her for 4 years and acouple months he then descided to move to my house and now my wife is claiming that she is deducting him off of her taxes when he lived 7 months with me and i payed so much more of his stuff(school, clothes, computer, furniture and much more) help please?
2007-01-30 12:32:24 · 7 answers · asked by titanic 1 in Business & Finance ➔ Taxes ➔ United States
1. When you separated, was there any sort of formal agreement on who would claim your son for tax purposes?
2. Without such an agreement, the parent that the child lived with the most gets to claim him. If he lived with you for 7 months, that is more than half the year so it would be your deduction.
3. The first return filed will get the deduction. If you both claim him, the second return will be rejected and then you will have to explain to the IRS why each of you feel you should get the deduction and they will sort it out......delaying both refunds.
2007-01-30 12:37:46 · answer #1 · answered by TaxGurl 6 · 0⤊ 1⤋
If he lived with you for more than half of the year, and he's your son, and he didn't provide more than half of his own support, then you can claim him. Go ahead and claim him on your return - if she also claims him, then you'll both be asked to prove to the IRS that you are the person who has the right to claim him.
If you both efile, the second person who tries to efile will have their return rejected and will have to mail it in. That doesn't mean your claim to the exemption is rejected, just that the IRS has detected that something is wrong that they have to investigate. It could take awhile - could be a few weeks or a year or more until they get to it.
2007-01-30 20:52:57 · answer #2 · answered by Judy 7 · 0⤊ 1⤋
You need to File a paper return and mail it in. You will both get notified that your sons SSN was used twice, and you will be requested to submit proof that you were entitled to claim him on your return. Respond to this notice immediately. The IRS will determine who was qualified to claim her. If any refund was issued to the party who was deemed unqualified , they will owe the overpayment plus interest and penalties For more information call the Internal Revenue Service at 1-800-829-1040
2007-01-30 20:43:13 · answer #3 · answered by Rob 7 · 1⤊ 0⤋
If you don't have a way to prove your son lived with you longer and you both claim your son - the IRS will determine who gets to claim him by using a "tiebreaker rule". In your case, the parent with the highest adjusted gross income will end up getting the exemption.
2007-01-30 21:00:06 · answer #4 · answered by Missy 2 · 0⤊ 1⤋
Ask only a reputable tax person-and go with the law on this one-I think 6 months is the correct amount of time-good luck! Try asking H&R Block-they have helped me!
2007-01-30 21:06:09 · answer #5 · answered by Darla E 1 · 0⤊ 1⤋
As long as you can prove he lived the majority of the year with you then I would contact the IRS and tell them. She cannot claim him on her taxes.
2007-01-30 20:36:50 · answer #6 · answered by ? 5 · 0⤊ 2⤋
just cut your losses this year man! seriously do yourself the favor. legally you have a fifty fifty chance of winning the case and if you file as well ONE Of you is in deep trouble. he is with YOU now...so next year you get to claim him...imagine the humor of it if she tries to claim him again....
dont add to the drama if you dont have to.
2007-01-30 20:37:22 · answer #7 · answered by Anonymous · 0⤊ 1⤋