I have not filed my taxes yet, but I believe my sister in law has filed with my son on her taxes because he now lives with her. He has lived with her since June 06.
2007-02-02 06:01:46 · 24 answers · asked by bluepineapple 1 in Business & Finance ➔ Taxes ➔ United States
one of the two people claiming the child will get in trouble
2007-02-02 06:03:57 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The reason that you MUST give a SSN for dependents is this. They can and will cross-check and see if the SSN has been reported on multiple returns.
If so, they will contact both you and the SIL and ask for clarification. This is likely to be via a letter, although an audit is possible.
You will then need to indicate which person had primary custody during the year. Tax law allows a dependent to be claimed for a full year, even if they weren't. For example, if you have a child on December 31, you get the deduction for the whole year.
This is common, by the way. Divorced couples often have the issue of who gets to claim.
"Living with" is not the same as dependent, by the way. For example, if he's living with SIL because he's going to school near her, this is NOT the definition of "dependent" unless she's really paying most of his expenses. In other words, it's based on who is bearing the expenses, not where the child resides.
2007-02-02 06:14:25 · answer #2 · answered by Jay 7 · 0⤊ 1⤋
If he has been with her since June 06, she is probably entitled to claim him as the deduction.
If you file him too, sooner or later (sooner if you file with H & R block or a like service) the IRS will catch the fact that two people filed for the same person. The irs will send you both a 'love letter' asking for futher explaination.
Then you both will send in supporting information as to why you each think you are entitled to claim him.
The person that the IRS feels is more credible will take him and the other person will have to pay back the money.
2007-02-02 06:07:48 · answer #3 · answered by kissmymiddlefinger 5 · 0⤊ 1⤋
What does your court docket papers say approximately claiming the teen for taxes? Iv yet to envision a custody order now no longer handle this. some area of think of of roughly, I even have 2 youthful ones that stay out of state, I pay help and coverage and particularly get to envision them 5 weeks a 300 and sixty 5 days. The custody papers are clean that i'm able to declare them the two. This 3 hundred and sixty 5 days the Irs is accepting custody papers in case you haven't any longer have been given the 8833 (might desire to be incorrect form form) signed in accordance to rapid tax. Morally if the father is paying help and aside of the teen's existence you're able to desire to a minimum of chop up years claiming the teen.
2016-11-02 03:35:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Who is the legal guardian of the child? It doesn't matter who the child lives with, its who is recognized as thier guardian that gets to claim the child. I have seen many divorce cases where the mother gets custody but the father gets to claim the children for the next 2 years on his taxes. In any case, With the IRS systems pretty much computerized, it will get caught at some point and most likely trigger an audit flag for both of you. If you know he has already been claimed, then you should not try and claim him.
2007-02-02 06:18:00 · answer #5 · answered by Anonymous · 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
It may be that neither of you qualify to claim the child
2007-02-02 06:05:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Who has full legal custody of the child? That is the person who can claim the child on their taxes. Now if you are providing the largest part of the child's support in money with shared custody, then it's possible you can claim him yourself. I know it may be possible since he lived with your sister for 6 months of the year for her to claim him on her taxes instead. You might go to the website below to look for the answers as well. I hope that helps. Best wishes to you.
2007-02-02 06:09:31 · answer #7 · answered by Night Wind 4 · 0⤊ 1⤋
Ooh, I've been in that situation before. The rule is you have to have custody AND the child has to have lived with you for at least six months of the year. If two people file for the credit, the IRS sends a letter to the second person to file saying the credit was denied and you can appeal it.
2007-02-02 06:06:03 · answer #8 · answered by Zebra4 5 · 0⤊ 1⤋
There is no hearing and there is no legal prlblem.
When the IRS files the papers whoever filed LAST will get a letter saying that you need to prove the right to the deduction. At that time you can file the proper paperwork.
Been there, done that, made the XWife sooo upset. LOL
2007-02-02 06:10:16 · answer #9 · answered by Marvinator 7 · 0⤊ 1⤋
I believe the only time two people can claim the same child on their taxes is when there's split custody. For example, you'd get the credit for your son up until he moved in with your sister-in-law. The remaining portion of the year she'd be able to claim him. You can contact the IRS for information on how to correctly do this.
2007-02-02 06:18:04 · answer #10 · answered by Erin 7 · 0⤊ 2⤋
You will get a notice from the IRS saying that two people have claimed this dependant. They will then have the two people give documentation and determine who should have legally claimed the child.
2007-02-02 06:10:09 · answer #11 · answered by Chad K 7 · 0⤊ 1⤋