I have custody of my son and my son's father sees him only twice a month. I have always claimed my son's EIC every year. This year my son's father called and got his social security number. I had already claimed my son for the year. He says there is another way for him to claim a dependent. Is this true?
2007-03-29 15:08:11 · 10 answers · asked by greenstarz33 1 in Business & Finance ➔ Taxes ➔ United States
You can't both claim him.
Who can claim the child tax credit and dependent care credit?
The parent who claims the exemption for the child is the only parent who can claim the child tax credit. If you are the custodial parent, you can claim the dependent care credit for the child even if you can’t claim the child’s exemption. If you are the non-custodial parent, you can’t claim the dependent care credit even if you can claim the child’s exemption.
Who gets the dependency exemption for the children?
If both parents contribute at least ½ of the child’s living expenses, the custodial parent claims the child as a dependent. If custody hasn’t been determined or one parent pays the majority of the living expenses for a child and has physical custody for the majority of the year that parent may claim the child as a dependent.
If you are the non-custodial parent and are given the right to claim the child as a dependent you must also fill out a form 8332 from the IRS. This form must be signed by the custodial parent and attached to your income tax return before the IRS will recognize your right to claim the child.
2007-03-29 15:14:55 · answer #1 · answered by Faye H 6 · 4⤊ 1⤋
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
2007-03-30 03:34:18 · answer #2 · answered by stuart 3 · 2⤊ 0⤋
Yes there is, but from what you say, it probably doesn't apply to him. If there's a court order saying that he can claim him, then he can if the order meets all the IRS rules. Or if you signed WRITTEN permission for him to claim him, then he can. Otherwise not. Don't lose sleep over this one. You might end up with some extra paperwork to do if he submits a return claiming him, but you'll be OK - the IRS might send you a letter asking you to prove your claim - since he's in your custody, is pretty straightforward.
2007-03-30 04:11:39 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
I am kinda going through the same thing. Our divorce papers say that he can claim him as a dependent (we have 2) and I claim the other. On the last 2 returns I have claimed one as a dependent but both for eic. My tax professional said it was ok but the irs is not allowing him to claim him as a dependent. So I am being threatened by an attorney to pay or he will have a warrant issued for violation of agreement. My tax papers clearly say only one dependent is claimed.
2015-05-05 15:35:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you should report a paper reutrn. The IRS will flag the two returns and touch the two taxpayers. they're going to ask so you might the two report an amended return or furnish evidence of your entitlement to the exemption. you will ought to furnish evidence that the babies lived with you for the better portion of the 365 days. The decree would be as a rule omitted via the IRS except it meets EXACTING standards stated in Federal regulation. those standards are for the non-custodial verify to declare the babies so as that they won't practice to you as a result besides. The IRS will then award the exemption in accordance to regulation and deliver the different social gathering a bill for any tax due.
2016-12-15 11:46:33 · answer #5 · answered by fearson 4 · 0⤊ 0⤋
A dependent can only be claimed on one tax return, there is no legal way around that. It sounds like he is going to cause tax trouble for you. I suggest looking up IRS Publication 501 and 503 for full information about who can claim your son as a dependent so you will be prepared if you get a letter from the IRS asking you to prove you are entitled to the exemption.
2007-03-29 15:22:38 · answer #6 · answered by Brian G 6 · 1⤊ 1⤋
Nope...unless it was stated in your divorce papers that his father gets to claim him (usually it's every other year) then he CAN NOT claim him. If you both claim him, one of you is going to end up having to repay any refund you got. Also, if your ex pays child support & then gets to claim your son & get EIC he basically gets back everything he paid in to you. I had it fixed in mine that I was the only one who could claim my son. You should call a tax pro ASAP & see what you can do.
2007-03-29 15:18:34 · answer #7 · answered by lovemy2babies 4 · 0⤊ 1⤋
No, the only way he can claim him is if he has had taken care of him for more than half the year. Or if he has had for 6months only then he can claim half year. But he cannot claim him at all if he has only seen him and not actually cared for him and gfeed and clothed him. Where does the kid live for 50% of the year? If he has lived with you then you are the soul claimer, not your son's father.
2007-03-29 15:17:51 · answer #8 · answered by Jorge's Wife 4 · 1⤊ 2⤋
Looks like your ex got you just like mine got me. And they get away with it. Jennifer
2007-03-29 15:29:52 · answer #9 · answered by Jennifer 6 · 0⤊ 5⤋
no
2007-03-29 15:19:48 · answer #10 · answered by Jeff 3 · 0⤊ 1⤋