My daughter's father is NOT the custodial parent and claimed my daughter on his taxes. He asked if he could claim her and I told him no. Is there anything I can do about this? I've talked to a tax friend and he said I couldn't claim her now and there is nothing I could do about it. I haven't filed taxes yet. I'm afraid that if I file and claim her that I'd look like the "bad guy."
2007-03-11 04:43:18 · 5 answers · asked by Beth 1 in Business & Finance ➔ Taxes ➔ United States
File a paper return, since he claimed her and used her SS# you won't be able to electronically file.
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
2007-03-11 04:48:46 · answer #1 · answered by Anonymous · 4⤊ 0⤋
Your tax friend gave you wrong advice. You can still claim her, since you are the custodial parent and have the right to claim her - you just won't be able to file electronically, since an efile would be rejected since she's already been claimed. File a paper return (mail it in) claiming her. Why would you look like the bad guy? HE's the one who did something wrong, not you.
2007-03-11 06:01:01 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
Check with a tax attorney, but if he is not the custodial parent, then he has no right to claim her at all according to the law. This fact notwithstanding, you still have every right to claim her on your own taxes. The fact that he has already claimed her (illegitimately) has nothing to do with your right to claim. If you choose to, you can report him to the IRS and claim a 10% reward based upon the amount of back taxes that they can recover from him as a result of the false claim. Basically he's in deep doo doo.
I agree with r_kav too. an electronic claim will be rejected because the computer will see 2 claims for the same individual and reject the second regardless of legitimacy. You can always file on paper instead.
2007-03-11 04:53:15 · answer #3 · answered by Gary D 7 · 0⤊ 2⤋
you are able to document a paper reutrn. The IRS will flag both returns and call both taxpayers. they are going to ask that you'll both document an amended go back or grant evidence of your entitlement to the exemption. it truly is needed to grant evidence that the youngsters lived with you for the more suitable area of the year. The decree will be typically skipped over by technique of the IRS until eventually it meets EXACTING criteria reported in Federal regulation. those criteria are for the non-custodial parent to declare the youngsters so as that they gained't practice to you hence besides. The IRS will then award the exemption in accordance to regulation and deliver the different party a bill for any tax due.
2016-12-01 20:10:42 · answer #4 · answered by ? 4 · 0⤊ 0⤋
If she legitimately is your dependent, claim her on your return and mail it in. (Don't e-file since the return will be rejected). Eventually you and he will get letters from the IRS, and you can explain why she is your dependent.
We can't help you about the "bad guy" issue.
2007-03-11 04:50:31 · answer #5 · answered by r_kav 4 · 2⤊ 0⤋