dooneygirl@sbcglobal.net
|
one of the two people claiming the child will get in trouble |
|
duoak
|
If you file claiming your child, then your claim will be disallowed. |
|
Rob
 |
You need to File a paper return and mail it in. You will both get notified that your sons SSN was used twice, and you will be requested to submit proof that you were entitled to claim him on your return. Respond to this notice immediately. The IRS will determine who was qualified to claim her. If any refund was issued to the party who was deemed unqualified , they will owe the overpayment plus interest and penalties For more information call the Internal Revenue Service at 1-800-829-1040
It may be that neither of you qualify to claim the child |
|
laydenirvine
|
well one of u will be audited and have to pay it back |
|
martin h
 |
2 tax returns cannot claim the same person as an independent. Whoever is the legal guardian has the right to claim him. |
|
ekyfetweky
|
why not take this up with the relevant authorities, why ask it on here to a bunch idiots like me? |
|
Ernest B
|
A child has to live with you for over six months in a yearor you suppy over 50 percent of its dependant care. |
|
uuummk
 |
If he has lived with her for 6 months or longer she can legally claim him as a dependant on her taxes. If you both claim him both you will be audited. |
|
kissmymiddlefinger
|
If he has been with her since June 06, she is probably entitled to claim him as the deduction.
If you file him too, sooner or later (sooner if you file with H & R block or a like service) the IRS will catch the fact that two people filed for the same person. The irs will send you both a 'love letter' asking for futher explaination.
Then you both will send in supporting information as to why you each think you are entitled to claim him.
The person that the IRS feels is more credible will take him and the other person will have to pay back the money. |
|
Jay
|
The reason that you MUST give a SSN for dependents is this. They can and will cross-check and see if the SSN has been reported on multiple returns.
If so, they will contact both you and the SIL and ask for clarification. This is likely to be via a letter, although an audit is possible.
You will then need to indicate which person had primary custody during the year. Tax law allows a dependent to be claimed for a full year, even if they weren't. For example, if you have a child on December 31, you get the deduction for the whole year.
This is common, by the way. Divorced couples often have the issue of who gets to claim.
"Living with" is not the same as dependent, by the way. For example, if he's living with SIL because he's going to school near her, this is NOT the definition of "dependent" unless she's really paying most of his expenses. In other words, it's based on who is bearing the expenses, not where the child resides. |
|
_chipper_1
 |
Who is the legal guardian of the child? It doesn't matter who the child lives with, its who is recognized as thier guardian that gets to claim the child. I have seen many divorce cases where the mother gets custody but the father gets to claim the children for the next 2 years on his taxes. In any case, With the IRS systems pretty much computerized, it will get caught at some point and most likely trigger an audit flag for both of you. If you know he has already been claimed, then you should not try and claim him. |
|
Judy1
|
Well, she probably has, and is most likely entitled to. Unless he lived with you for over half of the year, or you provided over half of his support, then you do not have the right to claim him. If you do and she also did, you'll each be asked to prove to the IRS that you have the right to claim him. Unless you've paid enough child support to prove that you paid over half of his support, you'll lose, since he has lived with her over half of the year. You'll then have to pay back any extra taxes, plus interest and possible penalties. |
|
Coleen429
 |
Only one of you can claim your son. Whoever has legal custody and supports him should be able to claim him. |
|
Zebra4
|
Ooh, I've been in that situation before. The rule is you have to have custody AND the child has to have lived with you for at least six months of the year. If two people file for the credit, the IRS sends a letter to the second person to file saying the credit was denied and you can appeal it. |
|
Marvinator
|
There is no hearing and there is no legal prlblem.
When the IRS files the papers whoever filed LAST will get a letter saying that you need to prove the right to the deduction. At that time you can file the proper paperwork.
Been there, done that, made the XWife sooo upset. LOL |
|
Night Wind
|
Who has full legal custody of the child? That is the person who can claim the child on their taxes. Now if you are providing the largest part of the child's support in money with shared custody, then it's possible you can claim him yourself. I know it may be possible since he lived with your sister for 6 months of the year for her to claim him on her taxes instead. You might go to the website below to look for the answers as well. I hope that helps. Best wishes to you. |
|
Smooth Criminal
|
Better hope you don't get audited... |
|
Chad K
 |
You will get a notice from the IRS saying that two people have claimed this dependant. They will then have the two people give documentation and determine who should have legally claimed the child. |
|
Erin
 |
I believe the only time two people can claim the same child on their taxes is when there's split custody. For example, you'd get the credit for your son up until he moved in with your sister-in-law. The remaining portion of the year she'd be able to claim him. You can contact the IRS for information on how to correctly do this. |
|
?
|
The IRS holds a hearing to determine who supported the child the majority of the time and if your sister in law is found to not be the one who supported him the most she will be made to pay back any money she got on her refund. |
|
double_klicks
|
You'll get audited. If you pay child support you can claim every other year. It all depends on the situation and how you guys set it up. |
|
mdlbldrmatt135
|
Legal custody would prove who has the right to. But it's possible that the one who files first would be safe (unless the other has legal custody and fights it) |
|
cryingrainbow
|
WHY IS SHE LIVING WITH HER? DO YOU BEAT YOUR CHILD OR SOMETHING. THERE IS SOMETHING WRONG WITH YOU IF YOURE LETTING YOUR SON STAY WITH YOUR SISTER
ARE YOU A DRUG ADDICT?
ALCOHOLIC?
PLEASE TAKE CARE OF YOUR SON BECAUSE FOR ALL YOU KNOW YOUR SISTER COULD HAVE YOUR SON LOCKED UP IN SOME CAGE IN HER ATTIC.
THINK ABOUT IT
GOOD LUCK WITH YOUR TAXES. |
|
wendylan
|
Hey...cryingrainbow...was that really necessary? |
|
| |
|
Homepage 
Financial
Forum 
Taxes 
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
