My daughter is a full time student,lives with me and has a part time job.She claimed herself on her tax return.Can I claim her at all since she didn't contribute to the household expenses?
2007-02-27 09:28:22 · 7 answers · asked by elizabeth h 1 in Business & Finance ➔ Taxes ➔ United States
If she is under 24, and doesn't provide over half of her own support, then you would have the right to claim her as a dependent. If that's the case, then she would not have the right to take an exemption for herself even if you didn't claim her as a dependent. If she already did, then she needs to amend her return to drop the claim to an exemption for herself.
If you file a return claiming her, since she did also, you'll both be contacted by the IRS and asked to prove that you are the person with the right to the exemption. Then whoever wasn't will have to pay back the extra taxes, plus interest and possible penalties.
2007-02-27 14:01:57 · answer #1 · answered by Judy 7 · 1⤊ 0⤋
If she is under 24 you can claim her. (I assume you provided over 1/2 her support, based on your comments.) She should not claim herself on her tax return, although she should probably file one. You will probably save more money from the exemption than she would. She could file an amended return not claiming herself. If she refuses, you have more problems than a few dollars of income tax, and I don't know how the IRS would resolve the dispute.
2007-02-27 10:26:06 · answer #2 · answered by CarVolunteer 6 · 0⤊ 1⤋
Did she actually "claim" herself an exemption or did she just file a tax return w/o claiming an exemption? If she meets the definition of your dependent, you should claim her on your return & she should not claim an exemption for herself on her own return. If she is being belligerent about it & this is a contentious situation, I suggest you consult a CPA. I have never encountered this in my own work. I would expect the IRS to side w/you, but then, you can get in a lot of trouble "expecting" anything out of the IRS.
2007-02-27 09:33:22 · answer #3 · answered by Tom's Mom 4 · 0⤊ 1⤋
Only one of you can claim her in any one year. Contrary to popular belief, it is not actually a choice. If you are legally allowed to claim her, she is not legally allowed to claim herself unless you release your claim to the exemption in writing in a form the IRS accepts. To determine if you are entitled to the exemption, see page 19 of the 1040 instructions.
From what you have said, it sounds to me that you, not your daughter, should claim the exemption.
2007-02-27 10:38:12 · answer #4 · answered by STEVEN F 7 · 1⤊ 0⤋
She needs to file an amended return, You will not be able to file electronically. So you will have to mail in your return.
You can submit your return at anytime, she needs to amend her using form 1040X taking her exemption back. She may end up owing any overpayment she received from claiming her own exemption. she needs to send any balance owed back with the 1040X before April 17th to avoid being charged interest and penalties
http://www.irs.gov/instructions/i1040x/index.html
http://www.irs.gov/pub/irs-pdf/f1040x.pdf
2007-02-27 11:45:55 · answer #5 · answered by Rob 7 · 2⤊ 0⤋
If she filed a 1040 tax return and claimed herself, then you can't claim her.
2007-02-27 10:08:55 · answer #6 · answered by Tenn Gal 6 · 0⤊ 3⤋
No you can not claim her
2007-02-27 09:31:58 · answer #7 · answered by Florida wants to know 1 · 0⤊ 2⤋