I put someone elses kids on my tax return, and got permission from the parents, if I would kick them down some money. I filed as head of household and got alot more back than I would of got myself. What is going to happen when I file next year?
2007-03-21 20:54:36 · 16 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
You and the kids' parent(s) have committed tax fraud. When you're caught you can expect massive fines and to be barred from claiming the Earned Income Tax Credit for 10 years. If the IRS decides to make an example of you (and this issue is a high-priority item with them this year) there is a good chance of hard prison time for all of you.
Note that I said "when" you are caught, not "if" you are caught. The IRS reviews dependency and EITC claims very closely since there has been a LOT of fraud over the past few years. When the name and SSN of a taxpayer claiming a dependent changes it gets very close scrutiny from the IRS.
Your only chance at avoiding very harsh penalties, including prison time, is to file an amended return and pay back the money you stole by April 17, 2007. Even then, that may not totally isolate you from prosecution since you have already filed a fraudulent return but it is your BEST chance right now.
If you don't do that, maybe you and "baby mama" can be cell-mates. At least you won't be in the joint alone. And the kids won't be living with common criminals any more; I guess that that's a plus as well.
2007-03-21 21:07:18 · answer #1 · answered by Bostonian In MO 7 · 5⤊ 0⤋
Please do not believe those who say that you'll probably be OK. Ninasgramma and Bostonianinmo are both, evidently, skilled in tax issues (see their other answers). Personally, I think Bostonianinmo gives a very full explanation of the likely penalties - including jail time. You have a chance to put this right - about four weeks to be precise. File an amended return and pay as much as you can before April 17th. If you do that before the IRS writes to you, you stand a better chance of staying out of jail.
Remember, you have committed a federal offense (and probably a state one as well). The Feds have no parole and no time off for good behavior. You could easily sit in jail for five years. Think of all the things you have achieved in the last five years and what you might achieve in the next five. Is it worth all of this?
2007-03-22 00:39:00 · answer #2 · answered by skip 6 · 1⤊ 0⤋
Don't worry yet about next year - worry about this year.
What you did is highly illegal. At such time as you get caught, you'll not only have to pay back the extra money with interest and penalties, but will also be barred from taking EIC for a number of years if you took EIC because of them.
Parents are not allowed to "give permission" for an ineligible person to claim their kids. You and they can both be in serious trouble over this.
2007-03-22 01:01:08 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
If the kids showed up on one tax return last year and then on a different return this year and then a different return next year, it will likely raise a flag which could trigger an audit. If you are not able to provide any documentation that the children lived with you for 6 months, it is very likely you will have to repay the refund plus penalties and interest.
2007-03-21 20:59:38 · answer #4 · answered by Justin H 7 · 1⤊ 1⤋
I imagine you will go to jail. The IRS isn't known for their cheerful forgiving attitude. Filing once as a magical head of household with more than one kid is an audit flag, loosing them the following year should be an audit sky rocket. Good luck with that, and remember, they like their rookies shaved and timid in the big house.
2007-03-21 21:05:10 · answer #5 · answered by stanhold 2 · 1⤊ 0⤋
I'm surprised you got the refund because they are holding onto alot of EIC claims this year.
It really disturbes me that you got a refund for kids who don't live with you. I have a child living with me now for over five years and I claim her every year. I'm not sure if I qualify for EIC... and you got it by filing a fraudulent return?? It makes me sick! Well enjoy your money, I've been waiting for mine since 1/26 and I legitimately have a child to take care of! Sorry, but as I'm trying to figure out how to pay my bills, I will be hoping that you get caught!
2007-03-22 03:06:33 · answer #6 · answered by Riannaa 2 · 1⤊ 0⤋
If they meet the rules listed to qualify as your dependents, you're o.k. as long as no one else is claiming them too. If you're not really sure of what you're doing, you need to file an amended return (F.10140X) with information you know to be correct. You will have to pay back the excess refund you received. As far as what you paid to the other parties involved, that will probably be something you'll have to sue for in civil court, the IRS probably won't help you with that, though they may go after them for some form of fraud.
You can call the IRS toll-free number, explain the entire situation, and find out where you stand.
Without all the details, I can't say for sure, but it sounds like you may have gotten yourself into a mess. If so, the earlier you take care of it, the better. Best of luck.
2007-03-21 21:16:49 · answer #7 · answered by PJPeach 5 · 0⤊ 3⤋
Listen to bostonianinmo,, file a 1040X today and take the kid off your return, and send the money back to IRS with that return,, that's the best you can do now. Be sure you do this before April 17th,,,
2007-03-22 00:49:39 · answer #8 · answered by Jo Blo 6 · 0⤊ 0⤋
A fraudulent return can be audited for an indefinite period of time in the future. Penalties for fraud, plus interest, can exceed the original refund.
Amend your return and pay back the money. Those parents could easily turn you in at any time.
2007-03-21 21:07:13 · answer #9 · answered by ninasgramma 7 · 1⤊ 0⤋
This is a crime punishable by law. I suggest you re-submit your returns. What can happened is you'll be stuck with these kids as long as you're working. Should there be a time when the parents found out that your kick-backs are more than what they're given, they may report you. Whichever way, you're a loser.
2007-03-21 21:02:18 · answer #10 · answered by SGElite 7 · 2⤊ 1⤋