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Here's the deal:
My fiance and I are currently living with his mother, along with our two kids. His mother went behind his back and claimed him on her taxes, and now he is getting conflicting directions as to how to proceed.

We were told that he can go ahead with filinf, but he can no longer claim himself. Problem is, when he started his job, he put himself down, as claiming himself. Has his mother created a $hitstorm or what?

Can someone that has some tax knowledge please tell me what to do so we can get these taxes done?!

2007-02-10 11:11:35 · 5 answers · asked by Miss DP 1 in Business & Finance Taxes United States

5 answers

filing the w-4 at work has nothing to do with filing your tax return. if your fiance's mother claimed him then he can file a tax return, but he cannot get the exemption for himself.

he needs to file "single" and report any income he received. he cannot claim any dependents since he is a dependent of his mother.

you can file as "head of household" and claim your two kids, if you are required to file a tax return.

2007-02-10 11:16:39 · answer #1 · answered by tma 6 · 1 1

The first question is probably how old is your fiance. If he's over 17 (I assume that he is) and isn't a full-time student or if he's over 23 even if he is a full-time student, and if he made over $3300 in 2006, then his mom was not eligible to claim him. If that's the case, he should go ahead and file his return claiming himself. He'll have to mail it to the IRS - an efile will be rejected. The IRS will send letters both to him and his mom asking for proof on who can claim him. It would be ruled that she isn't eligible, her claiming him will be disallowed and she'll have to pay back the money she got by claiming him.

I will assume that since you have 2 kids, he's over 18. If he's under 24 and was a full-time student for some part of at least five months of the year and he didn't provide more than half of his own support - or if his mom provided more than half of his total support AND he didn't make at least $3300 last year - then she would have the right to claim him as a dependent. In that case, he should file his return noting that he's a dependent, and he would not be able to take an exemption for himself.

You don't mention who if anyone is claiming your two kids, or whether you are also filing a return. Those issues will be a little tricky also, so you might want to get some advice there. Look for a VITA site near you - it's a program where you can get your tax returns prepared at no cost. See irs.gov for more info. Or email me if you want to, with more details, and I'll try to give you some answers.

2007-02-10 11:32:01 · answer #2 · answered by Judy 7 · 0 3

this is not that big of a problem basically you have two options.

1. He can file as single and put down that he was claimed by someone else and loose the $3,300 dollar exemption. As for the w-4 it does not matter that he put down that he was claiming himself.

2. He can contest the return with the IRS saying that he was claimed by someone else unknowingly. Problem is that he will have to do this by paper filing which could take a few months to solve.

2007-02-10 11:17:34 · answer #3 · answered by Ski_Bum 3 · 2 1

Comeon.. don't make it that hard...

1) He has to file as single anyway.. .the W4's don't matter a bit as long as he withheld enough to cover the taxes.. the feds don't like you owing them.. they rather have it up front.

2) Work it out the return both ways on the form.. see exactly how much differenence it makes if he claims himself or not.. you may be sweating out over just a few hundred dollars!

3) Talk to Mom.. find out how much SHE got by claiming him.

4) Then work it out.. you know the dollar difference.. ...
HAS she been supporting him?
Is she legally entitled to the claim anyway.

5) Bottom line.. is it all worth the fight???

Prob. not.. especiall with his mom....

let him file as single and skip the deduction

... and next year you will not have the problem if you are married

2007-02-10 11:26:31 · answer #4 · answered by ca_surveyor 7 · 3 1

If she supported him for 6 months of the year, she had a right to do this. He can claim only the right amount on his taxes and then he may be just fine. He may have underpaid the taxes, however with the kids and head of household he probably will be fine.
Im not a tax expert.
PS, why are you complaining about a lousy tax refund when it is obvious his mother is a saint to let him, his girlfriend whom his isnt married to and their two kids live with her.

Unless the woman owns a mansion or is so broke and you folks are paying a significant amount for your keep, she is a saint.
Grow up, this is a small matter.
Good luck

2007-02-10 11:16:56 · answer #5 · answered by batwanda 4 · 2 2

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