Can my ex legally claim him without a 8332 form? I went to do my taxes and they were rejected by the irs because he did this. Now what happeneds?
2007-02-11 09:46:16 · 7 answers · asked by Deanna A 1 in Business & Finance ➔ Taxes ➔ United States
I sent my court papers with my return and I sent my sons proof of schooling from the school also. Did I meantion the ncp hasn't been in our lifes in 5 years? He don't see his son at all.
2007-02-11 10:04:09 · update #1
I have called the IRS conserning this question and they refuse to answer any questions as to what will happen
2007-02-11 10:07:19 · update #2
What happens now is that you file, claiming your child as a dependent, but you'll have to mail it, not efile. When the IRS gets the second return claiming the same child, they'll send both of you a letter asking for proof that you are the one entitled to claim the child. Unless the child lived with your ex for over half of 2006, his claim will be disallowed and he'll have to pay back the extra money with interest and possible penalties.
Unfortunately, your refund will probably be delayed while the IRS sorts all this out.
2007-02-11 09:52:27 · answer #1 · answered by Judy 7 · 4⤊ 2⤋
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
2007-02-11 09:54:16 · answer #2 · answered by Anonymous · 2⤊ 1⤋
No, he cannot claim the child without the Form 8332.
You must file a paper return now that he has claimed the child. The IRS will contact you both and request proof of your claim for the exemption. The IRS will decide who is entitled to the exemption. Most likely you will win that. They'll then process your return and send your ex a bill for the extra tax due to the loss of the exemption.
The IRS will not discuss the particulars of who claimed the child, they will just let you know whether or not you are entitled to the exemption.
2007-02-11 10:19:27 · answer #3 · answered by Bostonian In MO 7 · 2⤊ 2⤋
What does your child custody papers say concerning this? I know that the IRS changed some rules around last year that I thought were stupid. One that would apply here to argue is whose birthday is earlier in the calendar year. If both claim the child as a dependent, the person with the earlier birthday was considered by the IRS last year. I have not looked at this year yet to do my taxes. IMHO he should have to have the form to claim the exception if you have full custody.
Try calling the IRS and asking if you send in the taxes again with a copy of your custody papers along with the fact he did not have any authorization to claim the deduction, will they take yours and reject his. If not you are probably going to need an attorney whether tax or not I don't know.
2007-02-11 09:57:38 · answer #4 · answered by Margaret K 3 · 0⤊ 4⤋
that's surely no longer chosen as maximum suitable answer: chilly-annoying-fact in no way is...yet, here is going A - Why is getting your ex husband to grant greater funds your center concern ? concentration on the youngster.. B If the youngster desires therapy, thats what medical coverage is for C: once you desperate to recieve "sole custody" that includes taking a hundred% finished duty. Regardless if the concern became regular or unkown. while a woman is pregnant she in no way understand if the youngster would be autistic, crippled, deaf, even blind yet a woman has the miraculous to pass with whether or to no longer proceed her being pregnant ...while she does she could settle for despite the concern of the youngster is - regardless if a father or father-parent ever gets in touch in any respect. greater funds wont substitute your existence...and it wont help...Autistic toddlers want affection-interest and particularly some huggs and know-how - in different words they want each and all the failings funds cant purchase. Love the youngster, settle for the duty and enable the A_S_S_H**E who abandoned and gave up custody bypass on along with his depressing existence..lacking each and all the superb moments and the possibility to love a undeniable boy. I want you nicely.
2016-10-01 23:42:24 · answer #5 · answered by pomar 4 · 0⤊ 0⤋
Your Ex Husband just did tax fraud. you have sole custody the kids are with you more then him .. they don't live with him so he has no tax claim on his part.. He will have to pay that back . and you go to ur nearest tax place and explain top them what he did .. and your the one that has sole custody.. They will know what to do after that.
2007-02-11 10:16:59 · answer #6 · answered by Rose 2 · 1⤊ 2⤋
Exactly what Judy said.
2007-02-11 09:54:03 · answer #7 · answered by Da Bears 2 · 2⤊ 2⤋