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My sister claimed my child also who will get the tax return?

2007-02-09 01:25:36 · 18 answers · asked by danni 1 in Business & Finance Taxes United States

18 answers

The IRS will always get what they think is theirs that'swhy it called The IRS. LOOK CLOSE........ Theirs.

2007-02-09 01:30:42 · answer #1 · answered by Celeste P 7 · 3 1

When 2 people claim the same child on a tax return, It raises a flag with the IRS. They will first send a letter advising that the same SSN was used twice and advise that the person who was not entitled to claim the child needs to file an amended return. Then if no one corrects the return the IRS will request from both parties to submit proof of entitlement to claim the child. The IRS will then make a detemination on who is entitled to claim the child and it the person who is seen as the one NOT allowed to claim the child will owe back any refund they received in reference to the child along with penalties and interest and their Tax return will be flagged for review for up to the next 10 years
For more clarification call the Internal Revenue Service at
1-800-829-1040

2007-02-09 01:42:07 · answer #2 · answered by Anonymous · 4 0

If your child lived with your sister for over half the year but you didn't live in the same household with your child for over half the year, then your sister is probably allowed to claim her. If your child lived with you for over half the year, even if it was in your sister's home, then you are most likely entitled to the exemption and your sister isn't.

A child who lives with a mother or aunt for over half the year could be claimed as a qualifying child, so WoodSmoke is wrong when she says there's a requirement to provide over half of the child's support to claim him or her - the requirement for a qualifying child is actually that the CHILD does not provide more than half of their OWN support. This rule changed a couple years back, and a lot of people haven't realized it yet.

The first person to file will probably get paid, since the IRS won't know yet that a second person is going to claim the same child. The second person's refund will probably be held up while the IRS sorts it out. They'll send both of you a letter asking for proof that you are the one entitled to claim the child. Then the other person will have to pay back the extra money they got.

Nobody is likely to go to jail over this.

2007-02-09 02:49:03 · answer #3 · answered by Judy 7 · 0 1

The first return received and processed by the IRS will get the exemption and credit for the child. The second return received will get a notice that the SSN has already been used by another taxpayer. It will be up to you to retrieve an refund you would have received if your sister got it ahead of you. This is a common problem between divorced parents.

2007-02-09 02:44:04 · answer #4 · answered by hdsok 2 · 0 0

Unless both of these people are the child's parent. Becareful about this dependent claim: its best interest if only one will claim the child. Later on: if one deceased ( you or your sister ) the remainder may not qualified for the social security benefits since its your child but on someone else " charged " list.

2007-02-12 21:32:14 · answer #5 · answered by MINH H 3 · 0 0

A child can only be claimed by one person as the dependant. If you are looking for the child tax credit and allowed your sister to claim her...then you won't get it.

2007-02-09 01:34:24 · answer #6 · answered by Ladybug 2 · 1 1

If the 2d declare is made electronically (e-filed), then it is going to likely be rejected, because the IRS calls for that the 2d (and 0.33, etc.) declare should be filed on paper, by technique of mail. purely the first declare may nicely be made electronically (e-filed). If the guy who's 2d violates this rule, then they ought to both resubmit the declare on paper, by technique of mail, or allow the different man or woman (the guy who became first) have the declare. back, this isn't about being first. it really is about making the declare by technique of the nicely suitable approach. If the 2d declare is made on paper, by technique of mail, then the IRS will inquire in writing. they received't carry a listening to. they'll deliver letters asking for the information that they choose. in case you obtain a letter from the IRS and also you reply by technique of holding that the reason on your declare is because he did not pay baby help, then his declare will be allowed, and yours will be denied. between the criteria for claiming a baby is that the fee, or nonpayment, of kid help ought to not be the reason behind the declare. in case you obtain a letter from the IRS and also you do not supply baby help as a reason on your declare, then the IRS will enable the declare of whichever man or woman spent more effective than 1/2 the three hundred and sixty 5 days with the youngster and deny the declare of the guy who spent less than 1/2 the three hundred and sixty 5 days with the youngster.

2016-11-26 19:06:17 · answer #7 · answered by Anonymous · 0 0

If your sister claimed your child she will be in great trouble. You can only claim your own child,foster child or adopted. You should get the taxes and she will get the law.

2007-02-09 01:29:43 · answer #8 · answered by ruth4526 7 · 1 2

I would advise you to go to www.irs.gov. individual. what is a dependent?. Also, Publication 17 is a good source for who may and may not claim a dependent.
Only one person can provide OVER HALF of the care, and that is one of the requirements. The bad thing is that now you have both shown that neither of you provided OVER HALF of the care and neither one of you will be able to claim the deduction.
Next year, you will have to prove to the IRS that you did if you do, before you will be eligible for and possible dependency and/or EIC.
Good Luck & Blessing

2007-02-09 01:40:27 · answer #9 · answered by Wood Smoke ~ Free2Bme! 6 · 1 2

Yes, they probably will, but they will both probably get audited later. Who has the legal right to claim the child? Consult your attorney or tax advisor.

2007-02-09 01:29:48 · answer #10 · answered by Insurance Biz CT 5 · 1 1

Only one can claim. You will both get a letter from IRS later. At that time, one has to pay extra tax.

2007-02-09 01:29:44 · answer #11 · answered by spot 5 · 2 2

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