their kids. The kids are at her house at least 4 days a week. She pays for the medical care, all clothes, band instruments, lunch money for school, shoes etc. The X provides a place to live. Won't even buy basic necessities. They agreed that last year he would claim both dependents and this year she would claim them. They have two older children who work and claim them selves. She has already filed her taxes this year and now he said he is claiming both kids. What happens if he does. My friend can prove that she has paid for over 60% of their support.
2007-03-18 11:07:39 · 8 answers · asked by van 2 in Business & Finance ➔ Taxes ➔ United States
you and the other 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 wrongly 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
2007-03-18 11:15:04 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The "custodial parent" (the parent with whom the child lived for the greater part of the year) is entitled to the dependent exemption, unless she signs a written declaration that she will not claim the child as a dependent for the year.
She should claim the children as dependents also. The IRS will issue both parents a letter stating that more than one person claimed the same dependents. They will both have to offer proof, like school records, medical records, etc. The IRS will determine that your friend will be eligible to claim the dependents and award her the deduction. This will take time and may delay any refund for weeks.
2007-03-18 11:44:34 · answer #2 · answered by tma 6 · 0⤊ 1⤋
Well if they both try to E-File whoever files first will get approved. The second to efile will get rejected and either have to take the kids off the tax return to get it approved or paper file it. If BOTH claim the kids then sometime this summer you will get a letter from the IRS saying prove why you get the dedeuction. If you can document that you provided at least 1/2 of the support and the kids lived with you for at least 1/2 of the year, then you will prevail and the IRS will ding the other party.
2007-03-18 11:16:42 · answer #3 · answered by jmadden_98 2 · 0⤊ 1⤋
The exemption goes to the custodial parent. The custodial parent is defined as the one where the children spent the most time with during the year.
If both parents claim the exemptions, the IRS will flag both returns for followup and ask both taxpayers to either file an amended return or justify the claim for the exemptions. The IRS will then award the exemptions based upon the information that both taxpayers provide. From the information provided, that would appear to be the mother.
2007-03-18 11:48:27 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 1⤋
If they are with her more time than with him, she is the one eligible to claim them unless there's a court order or written agreement that says that he can claim them.
If he claims them also, both parents will get a letter from the IRS telling them that multiple people have claimed the same dependent(s) and asking for proof that they are the one eligible. Your friend should respond right away to the letter. She'll be OK, but it could take time and aggravation to sort out. He'll have to pay back the extra taxes for his return, plus interest and possible penalties.
2007-03-18 12:09:20 · answer #5 · answered by Judy 7 · 0⤊ 1⤋
The deciding factor is not money but time. If your friend has the kids 4 days out of the wk, that means he has them 3 days, and she has the right to claim the kids unless she signs a form giving him the right.
The parent with custody gets the kids, period. In joint custody the parent who has the kids the most days of the year wins. You have to document when you have them, have the dates etc.
2007-03-18 11:23:06 · answer #6 · answered by irongrama 6 · 1⤊ 2⤋
If she has the kids more then 6 months out of the year then she is suppose to claim them. He will get in trouble they will probably both be audited and also most divorce papers specify who gets to do what. Also she may have to prove that she does all that too.It is a sticky situation when it comes to divorce and child custody.
2007-03-18 11:19:56 · answer #7 · answered by Simple Life? HAHA 3 · 1⤊ 2⤋
Am not sure which one would be able to claim dependents but don't worry too much because the IRS will take care of it!!! And, Good Luck.
2007-03-18 11:13:18 · answer #8 · answered by Sunshine 6 · 0⤊ 4⤋