I claimed my Brother-in-Law who is 25 yearsold when I did my taxes. I ended up getting audited and realized that I didn't put him as a brother-in-law, but rather a "other" for the dependency. What should I do now?
2007-05-13 19:33:34 · 4 answers · asked by zoua x 2 in Business & Finance ➔ Taxes ➔ United States
Sorry, I forgot to add that he made less than $3300 and he lived with me for more than half of the year. I also provided more than half of his support that's why my landlord made the certificate of rent paid to me rather than him.
2007-05-14 05:29:34 · update #1
Did he live with you all year, make less than $3,300 and get more than half of his support from you? If so, you can claim him as a dependent and there won't be any issue on the relationship.
If he didn't live with you, you'd need to change it to "brother" assuming that your wife lives with you and you filed a joint return. The income and support tests still must be met. File an amended return on Form 1040X to fix that.
If the income and support tests are not met, you'll need to file an amended return to drop the exemption and pay any additional tax, penalties, and interest due. Again, file form 1040X to do that.
2007-05-13 20:36:41 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
The only difference for a 25 year old brother-in-law from any other dependent is that he does not necessarily have to live with you all year - other than that, the rules are the same - so it might not make any difference, depending on why the exemption was disallowed. If he made over $3300 gross for the year, or if you can't prove you paid over half of his support, then you can't claim him in any case.
If the exemption was disallowed only because he didn't live with you all year, and you can prove you provided over half of his total support AND he did NOT make over $3300 for the year, then you can probably claim him.
If you believe you can still claim him, talk to the IRS and tell them what the situation is.
2007-05-14 02:13:27 · answer #2 · answered by Judy 7 · 0⤊ 1⤋
First I would consult an accountant and see what they have to say and then go from there. If you do not get the answer that you are looking for there then I would go to the irs web site. Once there I would search for the answer and if I could not find it there then I would email one of the reps and ask the qeustion there and see if they can give you the answer that you are looking for.
2007-05-13 19:45:45 · answer #3 · answered by Anonymous · 0⤊ 2⤋
It will not matter in your case. Do nothing, don't worry, be happy.
2007-05-14 03:49:03 · answer #4 · answered by david z 1 · 0⤊ 0⤋