I am 28 yrs old and I've been disabled since 04'. I worked part time this year so I went to file my taxes and my refund was rejected due to my mother claiming me. I live in an entirely different state and she doesn't spend one cent on me. The most recent time I did live with her was April 4th of 04 to June 1st of 04 so barely two months. She finally came out and said she's been claiming me for awhile now. Even during the years that I wasn't disabled and had been claiming myself and my children. She isn't my guardian and I take care of myself and my children. I knew nothing about any of this and I want to know what can be done. I never gave her the okay to do so and this year she asked to claim me and I told her no. She did it anyway. Now I'm out of a refund. This has to be wrong.
2007-02-05 12:04:25 · 13 answers · asked by ? 2 in Business & Finance ➔ Taxes ➔ Other - Taxes
I am 28 yrs old and I've been disabled since 04'. I worked part time this year so I went to file my taxes at HR Block and when I got the call to tell me my check would be ready for pick up. I was told instead that my refund was rejected due to either the primary or secondary socials being claimed already. I finally found out it was my mother who had claimed me. I live in an entirely different state and she doesn't spend one cent on me. The most recent time I did live with her was April 4th of 04 to June 1st of 04 so barely two months. She finally came out and said she's been claiming me for awhile now. Even during the years that I wasn't disabled and had been claiming myself and my children. She isn't my guardian and I take care of myself and my children. I knew nothing about any of this and I want to know what can be done. I never gave her the okay to do so and this year she asked to claim me and I told her no. She did it anyway. Now I'm out of a refund. This has to be wrong.
2007-02-05 14:52:02 · update #1
When you got the notice from the IRS stating that you were claimed as a dependent on your mother's income tax return, that right there notified the IRS that something was hinkey. Also, as a 28 year old, how is your mother even able to claim you? I thought that ended at about age 25.
2007-02-05 12:09:27 · answer #1 · answered by Sweet n Sour 7 · 1⤊ 1⤋
She can't legally claim you if you didn't live with her for at least half of the year, or if you made over $3300 for the year or if she didn't contribute at least half of your support.
Go ahead and file, claiming yourself. You'll have to mail it, since an efile will be rejected due to both of you claiming her. You're not out a refund, although it will probably be delayed - you will get it eventually. Both you and your mother will get a letter from the IRS asking you to prove you are entitled to your exemption. At that point, she'll have to pay back what she "saved" plus interest and possible penalties.
2007-02-05 13:30:43 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
Write a letter to the IRS and include a copy of the instructions from Form 1040 where it describes dependents. You should win the arguement, but you need to doocument it in writing. You should write to the service center where you filed your return. When you win, your momma will owe the IRS the money back. No need for an audit, and if you don't get the issue resolved before 4/16/07 it is likely she will owe them interest and penalties too!
2007-02-05 12:40:34 · answer #3 · answered by smh60437 3 · 1⤊ 0⤋
If you did not live with your mother throughout the year of 2006, and she did not provide more than HALF of the support for you and your children, you are able to contact the IRS and inform them of this situation. They will ask you to provide documentation showing that you are not living with your mother and that your children are staying with you (documentation such as your lease, school records, shot records, etc.) Once that information is received by them and processed, they will contact you via mail and inform you when your refund will be sent. Your mother will have to pay those taxes back along with fines. My friend went through this situation with her ex-husband filing her children some years ago. Hopefully, everything will work out.
2007-02-09 10:37:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, it is wrong. You would submit proof to the IRS of your earnings and independence. Electric bill, rent, ect. The IRS will not take to kindly to tax evasion by your mother though so be careful. She could get into a lot of trouble for claiming false dependents. I would try to settle it with your mother first. If not consider it payback for her help in the past.
Good Luck
Jen
2007-02-05 12:11:55 · answer #5 · answered by Jen 5 · 2⤊ 0⤋
Your not out of a refund. Just file your taxes by paper if your efile was rejected. At that point you will probably both be audited. Not a big deal for you since you can claim yourself. You'll just have to wait longer.
2007-02-05 12:09:46 · answer #6 · answered by Joshua L 2 · 2⤊ 0⤋
No it will not raise a red flag and YES he CAN claim them. There is a section saying dependent and they ask what kind - there is an option for OTHER DEPENDENT. This is how bf/gf can claim each other. Anyways, no red flags. Only red flags if your bf and mother tried to BOTH claim them in the SAME year. No worries since thats not the case.
2016-05-24 20:02:25 · answer #7 · answered by ? 4 · 0⤊ 0⤋
According to the IRS website, you can fill out Form 3949-A and send it to Internal Revenue Service, Fresno, CA 93888. Or you can send a letter containing the following information to the same address:
Name and address of the person you are reporting
The taxpayer identification number (social security number for an individual or employer identification number for a business)
A brief description of the alleged violation, including how you became aware of or obtained the information
The years involved
The estimated dollar amount of any unreported income
Your name, address and daytime telephone number
To fill the form out online, click here http://www.irs.gov/pub/irs-pdf/f3949a.pdf
2007-02-05 12:11:18 · answer #8 · answered by Anonymous · 1⤊ 1⤋
I'd just leave it alone and make sure she doesn't try it again. She probably feels like she deserves it for taking care of you since you were born. If you have her thrown in jail for tax evasion, I don't think potential family gatherings with her in the future will go over so well.
2007-02-05 12:09:27 · answer #9 · answered by Ralphie 5 · 1⤊ 0⤋
It is wrong and she will be in serious trouble with the IRS. Do you really want to get her in trouble with the IRS? They will really go after her and could possibly go to jail. First try to talk to her about never doing it again. Tell her if she does do it again that you will report her to the IRS. Also tell her that she owes you the money. If she is unwilling to agree, then as a last resort go to the IRS. Please only use this as the last resort. It is extremely serious to get the IRS involved.
2007-02-05 12:10:56 · answer #10 · answered by celticwarrior7758 4 · 0⤊ 1⤋