We have court orders stating that my husband and I can file for both of my step sons on our tax return, b/c we are not getting any support from their mom. We got a call from out tax man stating one of the boys SS# was used on another return (their mom).
2007-02-12 02:44:54 · 12 answers · asked by SusanP 1 in Business & Finance ➔ Taxes ➔ United States
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
2007-02-12 03:00:58 · answer #1 · answered by Anonymous · 2⤊ 0⤋
If you are attempting to e-file, the system won't accept your return since the child's SSN has already been "used". What you will need to do is to file a paper return, and then the IRS will reject both your return and their mom's return and submit them for review. They will ask both you and the boys' mom for proof that they can claim the child as a dependent. Since you have the court order, plus I assume that both children are living with you, and their mom cannot show proof that she provided support for them, her claim will be rejected and she will get her taxes adjusted. You will get the dependent exemption and all will be merry. It will take a little bit to get it cleared up, but it will be cleared up.
2007-02-12 02:56:55 · answer #2 · answered by jseah114 6 · 1⤊ 1⤋
You must file a paper return. The IRS will then determine who gets the exemption. Normally the exemption goes to the custodial parent. If you are the custodial parent, you should get the exemption. If she is the custodial parent she may well get the exemption unless the court decree meets the very specific IRS guidelines stated in IRS Pub 501.
The losing party will get a bill for any tax due because of the lost exemption.
2007-02-12 03:07:48 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 1⤋
No! in uncomplicated words one filer per depending. in case you both document electronically the first to document will go by potential of basically wonderful and the second one will reject. it really is without regard to the right individual to take the exemption. If the second one social gathering feels they're the excellent individual to take the exemption they could document an modification with their documentation and the IRS will elect the "winner". reckoning on the situations the IRS might want to take punitive action in course of the incorrect filer yet they hardly ever income this. in spite of the undeniable fact that, had the first individual received money back or credit they must have not received they're going to be charged interest and pay a penalty.
2016-10-17 06:42:18 · answer #4 · answered by rothi 4 · 0⤊ 0⤋
she's in trouble! When the IRS contacts you, give them a copy of the court order. Either that, write a letter to the IRS and explain the situation. She can't legally claim the child. Claim him!
2007-02-12 03:14:11 · answer #5 · answered by Dizney 5 · 1⤊ 1⤋
you'll ultimately prevail with court order, but the fact that she claimed before you filed means that initially they might disallow your. Did you call the mother and tell her nicely she made a mistake and needs to amend her return? That would be the easist if she cooperates. In any event, I would suggest attaching a letter explaining the situation to your return and also attaching a copy of the court order. Might as well get the ball rolling now...
2007-02-12 02:53:46 · answer #6 · answered by jim06744 5 · 1⤊ 3⤋
As long as you have court orders, she can get introuble. If she is not supporting more then 50% of their cost of living she has no rights to claim them on her income. But as long as you have proof you may be asked to submit it, but she will be the one to get introuble
2007-02-12 02:49:49 · answer #7 · answered by heartache 4 · 2⤊ 3⤋
Does she have joint custody. Do they spend any time with her? If not, report her to the IRS so that they are aware and so that your return doesn't get flagged.
2007-02-12 02:52:59 · answer #8 · answered by Anonymous · 0⤊ 4⤋
1st 1 to cliam gets the deduction. Afterwards is a legal issue for you to deal with.
2007-02-12 02:49:30 · answer #9 · answered by vegas_iwish 5 · 1⤊ 5⤋
Call the IRS, she will get audited and we all know what a hassle that is!
2007-02-12 02:48:03 · answer #10 · answered by Anonymous · 2⤊ 4⤋