My ex husband and i have joint custody of our two kids. He already filed claiming them as his dependents for this year. Hipothetically speaking, what would happen if i claim them too when i do my taxes?
2007-03-08 08:40:31 · 5 answers · asked by alexn 2 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
2007-03-08 08:43:36 · answer #1 · answered by Anonymous · 3⤊ 1⤋
The parent who has physical custody for the most time gets the exemptions according to the law.
If you claim the children as well, both of your returns will be flagged by the IRS. You will both be asked to either file an amended return or to prove your claim for the exemptions. The IRS will then use the information that you and your ex provide to determine which one of you is legally entitled to the exemptions.
The IRS will only honor court orders that meet VERY specific guidelines spelled out in Federal law. If the decree doesn't comply with the law, the IRS is required by law to ignore it.
2007-03-08 09:10:25 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
The person the child lives with the greater portion of the year is the person with the right to claim them. If they stay with each parent EXACTLY the same amount of time, then the parent with the higher AGI (adjusted gross income) would get the exemption. If both parents claim the child, these are the rules the IRS uses to decide who gets the exemption.
This assumes there isn't a court order or written agreement saying who can claim them. If there is, then the IRS would honor that.
2007-03-08 08:50:08 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
Joint criminal custody is incomprehensible under the tax code. The make certain that the youngster lived with for the greater effective factor of the year is the custodial make certain and gets the exemption and all different tax advantages. If the youngster lives together with her, she drives the bus on who can declare the youngster. If she refuses to provide up a carried out form 8332, the father is frozen out of saying the youngster. end of tale. the reality that it does her no sturdy to realize this is beside the point.
2016-12-14 14:10:21 · answer #4 · answered by ? 4 · 0⤊ 0⤋
This is an item that should have been dealing with in the divorce. Look at your papers it has to be in there and if your were awarded to clain the kids contact the IRS and they will do an adit
2007-03-08 09:37:42 · answer #5 · answered by Dustin W 2 · 0⤊ 2⤋