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you and the person who claimed the dependant will receive a letter stating that 2 people used the dependants social security number, They will ask that both partys submit proof of who was actually eligible to claim the dependant. This can include school records, Dr records, copy of a lease agreement acknowledging that the child lives at the address of record.
The IRS will make a determination of who actually qualifies to claim the dependant. The person who claimed the dependant will then owe back any refund they received in error plus interest and penalties. This also raise a red flag on that persons future tax returns for up to the next 10 years.
Calll the IRS at 1-800-829-1040
Respond to any correspondence from the IRS immediately to expedite your claim.
This will cause a delay in processing your return and your refund

Do not send in anything other than your return, the people who do the intitial processing you your return will not be the people making the determination of who is qualified to claim the child.

The Exams Unit of the IRS will send you a letter requesting the information once it is assigned to an Exams Agent, You will then submit the documentation directly to the person who is working on the issue.

2007-03-09 02:16:00 · answer #1 · answered by Anonymous · 1 0

No! only one filer per dependent. If you both file electronically the first to file will go through just fine and the second will reject. This is without regard to the proper person to take the exemption. If the second party feels they are the correct person to take the exemption they can file an amendment with their documentation and the IRS will select the "winner". Depending on the circumstances the IRS could take punitive action toward the incorrect filer but they rarely do so. However, had the first person received a refund or credit they should have not received they will be charged interest and pay a penalty.

2007-03-09 10:05:58 · answer #2 · answered by ? 6 · 0 0

Two people cannot claim the same child for the same credits on a tax return. Benefits could be split between two parents, so long as they don't live in the same household and an 8332 is signed and afixed to the tax return. An 8332 allows the non custodial parent to claim the child for dependancy and child tax credit. It allows the custodial parent to retain Head of Household (if they qualify), Dependant Care Expenses, and EIC (if they qualify). If two people claim the same child, it throws a flag up to the IRS and the IRS will decide who has the right to claim the child after an investigation.

2007-03-09 10:06:14 · answer #3 · answered by Anonymous · 0 1

No, you have to contibute more than 50% of the amount during the year towards the childs living expenses. So- two people cannot contribute more than 50% (that would add up to more than 100%). There have been lawsuits (especially between divorcees) over who gets to claim the kid on their taxes.

2007-03-09 10:16:56 · answer #4 · answered by bmwdriver11 7 · 0 1

Two people can not claim the same person as a dependent. You have to give the social security number of your dependent(s). Those are run through a computer and if the same child is found on two forms, you will both be called in for a full audit of your taxes. The one who improperly claimed the child could face additional taxes, penalties, fees, and even a prison term.

2007-03-09 10:05:43 · answer #5 · answered by dewcoons 7 · 0 4

No, only one person can claim any one dependent. The IRS automatically matches the SSNs of all dependents and will investigage any multiple claims and award the exemptions according to law.

2007-03-09 10:11:44 · answer #6 · answered by Bostonian In MO 7 · 0 0

Only if they shared all of the expenses for the care of the child equally in that tax year. That includes shelter, clothing, food etc. If either of you got auditied you would have to prove that you supplied 50% or more of the childs care expenses for that tax year, and only claimed 50% on the return. The one who cannot will be fined for filing a false tax return.

2007-03-09 10:04:58 · answer #7 · answered by Sane 6 · 0 5

No you couldn't...you could face tax fraud charges...fines and of course penalties interest daily...not to mention your socials would be flagged for yrs to come for inspection and audits.

2007-03-09 10:04:09 · answer #8 · answered by Anonymous · 0 4

No.
Only the one who has custody of the child
(I'm assuming you are divorced)

2007-03-09 10:05:40 · answer #9 · answered by Anonymous · 0 4

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