So when we went to file are taxes online, we weren't able to do so. I called IRS they said we will need to show proof of custody of the child which we can do with school records, doctor records and the like. Can we get a letter from the boys mother that shows we have custody of him? or, does it have to be a court document?
Anyone else have any ideas. Please help,
2007-02-28 07:32:07 · 5 answers · asked by koifishlady 4 in Business & Finance ➔ Taxes ➔ United States
the child is a nephew of my husbands
2007-02-28 08:05:58 · update #1
Mail your return in
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
School records, Dr Records, Copy of a lease agreement recognizing that the child resides with you, A letter from a Family Priest, Any court documents
2007-02-28 07:37:05 · answer #1 · answered by Anonymous · 2⤊ 0⤋
As long as the child lived with you for over half the year, and he did NOT live with either parent for over half the year, you can claim him as a qualifying child. A nephew is a qualifying child if the other requirements are met and it sounds like they are with you.
You'll have to mail in your return. Go ahead and claim him. The IRS will notify both you and the other person who claimed him that the child has been claimed on two returns, and ask for proof that you are eligible to claim the child. It doesn't have to be a court custody document - things like school and doctor records should prove your claim. The other person's claim will then be disallowed and that person will have to pay back the extra taxes with interest and possible penalties.
2007-02-28 21:41:24 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
What you need are those school and doctor's records. A letter from the parent would do you no good, for she does have the right to claim the son. The child has to be related to you to get the earned income credit. If the IRS sends you a letter that requires you to file a Form 8862, file with the 8862. And, another thing, getting a tax refund has more to do with taxes withheld and taxes paid, not just earned income credit.
2007-02-28 15:48:43 · answer #3 · answered by Zanie Y 2 · 0⤊ 0⤋
The mother could sign a paper I suggest you get it notarized-the notary may ask for the childs birth certificate so the notary is sure she is the mother. If you didnt do it and the mother didnt do it then dont you think it probably was the childs father? School may be able to give you some proof that he was in school every day at your location.
Someone up there said the mother had the right to claim the child but she did not have that right. The child must live with you and this child is living with the questioner not his mother.
Also any FIA documents, SSI documents, and any place such as a day care or after school program.
2007-02-28 16:07:56 · answer #4 · answered by Amberlyn4 3 · 0⤊ 2⤋
show the proof you have and get a letter from the mother if you have to. who ever used the s.s# will be in hot water. file your forms
2007-02-28 15:40:54 · answer #5 · answered by igive2shhhhhhhhhhhhh 2 · 0⤊ 0⤋