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well this year i work part time and didn't go to school, im 19yrs old, anyways i already filed my own taxes ,and my dad wants to claim me because i'm still leaving with him, is that legal or will i get in trouble with the irs?

2007-03-08 15:27:53 · 6 answers · asked by ed man 1 in Business & Finance Taxes United States

6 answers

Yes, you and your dad will get in trouble, a little bit.

The exemption can be claimed by only one person - you or your father.

Through SSN matching, IRS's computer will determine that your exemption was claimed twice and will send an audit letter to both you and your father to explain the situation.

It all happens by mail. Nobody will come to knock your door down. But it's better to avoid trouble.

Good luck.

2007-03-08 15:35:09 · answer #1 · answered by m_skokin 3 · 0 1

If you're dad is going to claim you, you'll have to file an amended 1040 (that's a 1040-x form).

The deadline is April 15. You'll end up oweing a little bit.

If I were you, I'd wait until a few weeks after your first form, get your refund and put it aside. Then go fill out a 1040-ez and use it as a practice form. This time, fill it out without claiming yourself (but turn it over to the back side and fill out the worksheet for claiming partial credit for yourself).

Use this practice form to help you fill in the blocks on the 1040x.

(Just a note: if you turned 19 before December 31, your dad can't claim you any more under the "qualifying child" rules. He has to be able to claim you under the "qualifying relative" rules, and to do that, he has to have provided more than 50% of support. If you supported yourself, he can't claim you at all.)

2007-03-09 05:05:41 · answer #2 · answered by Anonymous · 0 0

What you can do is ammend your return (by filing a 1040X) before your father sends his in. Remove your exemption on the 1040X that way you are no longer claimed on your return then your dad can send his return in and get more of a benefit from your exemption since he is most likely in a higher tax bracket. (if you don't want to do that because it takes money out of your pocket make him pay you the money you lose from your taxes and let him keep the difference he gains on his taxes)

I don't know all the facts and circumstances, but if your dad is providing more than half your support (which he probably is if you're living at home) then he is most likely entitled to your deduction unless you were not a "full-time" student for any part of five months in 2006. That last part there only applies if you were over age 19 at 12/31/2006.

2007-03-09 00:36:03 · answer #3 · answered by Sumbo 1 · 0 1

If you are 19 or over, not a full-time student, and had more than $3,300 in gross income, your father can no longer claim you as a dependent, regardless of where you live or how much support he provided. If this is your situation, you don't need to do anything, though you should tell your father that he can no longer claim you as a dependent.

If you had less than $3,300 in gross income your father may still be able to claim you as a dependent if he provided more than half of your support. If this is the case, you must file an amended return and pay the additional tax due by April 17, 2007.

2007-03-09 00:59:43 · answer #4 · answered by Bostonian In MO 7 · 1 0

He can't claim you since you already filed your taxes and claimed yourself. If he does that, he will cause his tax return to be flagged and the IRS will be sending him a letter.

2007-03-08 23:31:27 · answer #5 · answered by Sparkles 7 · 0 1

After reading all the answers, believe Bostonian.

2007-03-09 15:53:29 · answer #6 · answered by CarVolunteer 6 · 0 0

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