I am 20 years old, I have my own apartment I pay all the bills there, (I do come home sometimes for a few weeks), I have my own car for which I pay my own note and insurance. I also pay my cell-phone bill She only gives me money for gifts at Birthday and Holidays time (probably about $100) each time. I want her to stop claiming me on her taxes, but she will not. I want to claim myself. What can I do?
2007-12-29 16:54:53 · 13 answers · asked by Da1Nonly 3 in Business & Finance ➔ Taxes ➔ Other - Taxes
I forgot to add this: I am a full-time college student, but I do work.
2007-12-29 17:16:08 · update #1
Based upon the information you're giving, your mom can lot legally claim you as a dependent. Tell your mom that you're claiming your own exemption this year and then do it. If she also claims you, there is a good possibility that she will be audited.
You can not be held accountable for what your mother does. If you are entitled to claim yourself, and it sounds as if you are, then do it.
REGARDING YOUR ADDITIONAL DETAILS: Do your parents pay your tuition, housing expenses, health insurance, etc.? You need to compute who provides over 50% of your support--either you or your parents. If you pay over half of your TOTAL expenses, then you claim yourself. If your parents pay for it, then your parents are legally allowed to claim you.
Are you sure that your parents don't pay for anything other than the gifts that you mentioned?
2007-12-29 17:02:51 · answer #1 · answered by figment_usa 5 · 1⤊ 0⤋
There are three approaches to this problem:
First, you could report her to the IRS. I assume that you don't want to do this.
Second, you could just claim yourself as a dependent. You have all of the supporting documentation for that, so if she claims you as a dependent, she's in trouble. This is not as nasty as the first option, but I think it is completely justified. She's not just taking away your exemption but potentially screwing up your standard deduction (if you make less than $5K per year). It's almost certain that she's costing you more money than she's saving.
Third, you can tell her that you're going to claim yourself as your own dependent. Remember, if you do, only she can get in trouble. If she decides to continue to break the law (which she is), then it's her problem.
2007-12-29 17:04:18 · answer #2 · answered by StopSpending 5 · 1⤊ 0⤋
If you didn't live with her for over half of the year, she isn't allowed to claim you. Go ahead and claim yourself. If she also claims you, the IRS will send both of you letters telling you that two people can't claim you, and that the person who isn't allowed to should file an amended return dropping the claim. If neither of you does, then the IRS will investigate and decide who can and can't make the claim (you can, she can't) and charge her back for whatever she saved in taxes.
Tell her that you are going to do this, and that she can't legally claim you any more, and if she doesn't claim you, it'll save you both some paperwork. but if she does, she'll be charged back for the claim by the IRS.
2007-12-29 17:11:17 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
Report her to the IRS. If you don't and you get audited, you might get in trouble for claiming yourself as an independent when someone else is claiming you as a dependent. It's not a joke to mess with the IRS. You don't want to be accused of being in on your mom's con, and from the sounds of her, she might just say that you were in on it, if it ever comes up.
She won't get in trouble if she pays the differences in taxes she owes as a result of not claiming you. They're not going to throw her in jail or anything, so don't feel guilty.
2007-12-29 17:03:21 · answer #4 · answered by I Love Howie Carr 6 · 0⤊ 2⤋
Prove that you provide more than half of your total support (and stop calling her house "home").
IRS publication 501 has the IRS worksheet. If you can prove you provided more than half of your own support, she can't claim you.
This is the logic the IRS will use when both of you claim your exemption and both of you claim the other one is wrong.
2007-12-29 16:58:50 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The only thing I can suggest is talk to her about it. If she still continues doing it, then... I have no idea. I would be pretty annoyed as well... I'm going on 20 years old. Thankfully my parents quit claiming me though, I'm married, lol.
2007-12-29 16:58:08 · answer #6 · answered by ╔Elizabeth╗ ♪♫ 6 · 1⤊ 2⤋
I'm pretty sure that's illegal. You're not a dependent, you're not living at home. She could get in big trouble. I'd just threaten her with that and then she should quit. Or you could turn her in.
2007-12-29 16:59:38 · answer #7 · answered by Mariah 3 · 0⤊ 0⤋
File yours first and give her a copy of the return via certified mail. If she still claims you, it is Tax Fraud.
2007-12-29 16:59:03 · answer #8 · answered by Roll_Tide! 5 · 2⤊ 2⤋
Are you working full time or part time? If your working full time, you can file taxes yourself, but if its only part time, then that might be a different story.
2007-12-29 16:59:22 · answer #9 · answered by TNA Ambassador 6 · 0⤊ 2⤋
a) talk to her and tell her your decision to claim yourself
b) if she still decides to claim you, still claim yourself on your taxes and she can deal with the audit that follows.
2007-12-29 16:58:11 · answer #10 · answered by edysalt 3 · 3⤊ 1⤋