My father claimed me on his taxes and he wasn't supposed to,now I can't get a refund what should I do?

Question

I'm 22 years old I have not spoken with my father in 3 years. For the past 2 years I didn't file taxes because I wasn't working. My mom just informed me that my father had been claiming on his taxes. I didn't find out until it was taking way to long for my refund to come back . FInally the place where I filed called and said I had already been claimed by someone. I thought that since I was not in school and not living with him or on his health coverage he could not claim me. If anyone knows what I can do please let me know. I want he penalized for the past 3 years that he has claimed me on his taxes. Is there anything the IRS can do.

Answer 1

File a paper return, once the IRS receives it they will send notice to both you and your father stating that someone claimed your SS# twice and that someone needs to file an amended return. They will ask that proof of being able to claim you be sent in .
Once they get the documentation from you they will make a determination on who was entitled to claim your exemption and will complete the processing of your return. Respond to any notices from the IRS immediately to expedite your claim.
Unfortunately this is going to delay your refund.
For more information call the IRS at 1-800-829-1040

Answer 2

Make sure you know the whole story.

As others have said, the 50% support rule applies. If you weren't working, who was paying for your support? If your parents (mom and dad combined) provided more than 50% of your support, and you were a student under 24 years of age, then one of them can claim you as their dependent. Usually, the custodial parent claims the child as the dependent, but they can sign a release form allowing the noncustodial parent to claim the child, or the divorce decree may specify which parent gets to claim the child as a dependent.

Now, for 2006, the same rule applies. If you provided less than than 50% of your support, made less than $3300 gross income, and was a student, then you can be claimed as a dependent.

Whether you live with him or are covered by his health insurance is not relevant. You would have to meet the test of being a full time student during ANY part of 5 calendar months of 2006 to be considered a student though.

As far as him being penalized for the past three years, that depends entirely on whether you fell into the category of dependent or not, based on what I've stated above. You can certainly report him to the IRS if you failed any of these tests for any of those years. I would also contact the IRS regarding your filing your 2006 taxes and claiming yourself, assuming that you did not fall under the reasons that he (or your mother) could claim you as a dependent.

Answer 3

If your e-filed return was rejected you'll have to file a paper return. The IRS will then investigate the matter and resolve it. Since you didn't file for the past 2 years he may have been entitled to claim you as a dependent. However for 2006 he may not be entitled to the exemption. If the IRS determines that he's not entitled to it, he'll be billed for the additional tax and they'll process your return. If they determine that he IS entitled to the exemption, they'll process your return without your personal exemption and either refund what is due you or bill you if any tax is due.

Most likely you will be allowed your personal exemption based upon the information that you have provided.

Your tax preparer should have told you all of this!

Answer 4

You need to contact the IRS about this. He cannot legally claim you unless he is providing >50% of your support AND you are a full time student (because of your age). You've stated that neither is true therefore he has no legal right to claim you. And yes, that will delay or disallow your refund because you submitted to the IRS that you weren't anyone's dependent. Go to www.irs.gov to find the nearest office to you.

Answer 5

you do not ought to report him....purely flow ahead and report your go back claiming them besides. The IRS can ought to catch it at some element that a similar socials were claimed by different persons. you'd be ready to educate that you purely had custody and he will not. there is also a volume with the IRS for reporting individuals on their internet web site

Answer 6

your right he CANT claim you i would definitely contact IRS as soon as possible!! if they cant help you this year then it should be noted for next year and they will probably contact your father right away. that is your dad using you for money and thats your money. you would definitely get mroe money back filing as an independent NOT a dependent. good luck but do something hes scamming the IRS

Answer 7

yes you need to notify the irs that he had no right to claim you. Atleast for this year. I would just get angry and cause more problems. it will take a little while for you to get your money but you will get it. And he will have to pay back what he got with interest and penalties.

Answer 8

YOU NEED TO GET YOUR HEAD CHECKED. You were not working for the first two years, it is good that your father claimed you. Now that you were working for this year, you should file and claim yourself.

IRS will check your claim and it will be valid, they will then adjust your fathers claim and all will be well.

Stay out of the blame, and retribution game.

Answer 9

Just call the irs. You will need his SS#. Tell them exactly what happened and they will let you know how to proceed. www.irs.gov has contatc info.

Answer 10

He legally cannot claim you after 21. File your taxes and get your refund. If he gets in trouble, it's his problem. If they don't give it to you. Talk to them, it is not your fault.