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lilacdelight | When will I be audited because my child's father claimed our daughter after I did? |
I filed my taxes in February and, as per our agreement, I claimed my daughter on my taxes. Well, her father got an extension and filed in Oct. But he claimed her as well. He has his own business and I had earned income (I worked for someone not myself). Now I would like to know how long will it be before I am notified that I'm being audited. According to the new "rules" only one person is allowed to claim her and if they notice the same social being repeated, it flags something in the system. How is this done and how long does it take? |
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quizzard123
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You won't be audited, they will just send each of you a request for proof of eligibility. Since you have an agreement (in writing, I hope?) that says you get to claim her, submitting that will settle the issue. He may face fines for falsely claiming her, or they may just accept it as a mistake. |
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Judy1
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It's not really an audit, but the IRS will send you a letter asking you to show that you are the person with the right to claim her. He'll be asked for that same proof. You should get that letter fairly soon, within the next month or so. Then based on the info the two of you provide, the IRS will determine who has the right to claim her.
Only one person being allowed to claim the same dependent is not a new rule, it's always been that way. |
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chatsplas
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You won't be audited, you'll just get a letter asking you whether you were really entitled to claim your daughter. Should have it any time now. You write back with copy of divorce decree or whatever agreement you had, and indicate that you are the custodial parent, she lived with you all year, she was enrolled in school, or received medical care from your address, etc. This is NOT a new rule: ONLY one person can claim a dependent, only one return can show a dependent, and take the exemption for child.
BUT if your Ex's return was rejected and he did not then file with your daughter as dependent, there is no problem for either of you. The IRS will only be contacting you if he then filed a paper return claiming dependency exemption for daughter. |
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travelguruette
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It isnt a new rule. Only 1 person can claim a child. They definitely audit both of you. If he is in the wrong then he should file a 1040x and amend his taxes. The IRS will ask the both of you to prove why you are entitled to the exemption. It shouldnt take too long. When the others say you wont be audited but you will get a letter. The letter is an audit technically. |
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xtraheavy01
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I would give it up to 30 days before they send you a notice. My guess is that he will denied , unless he attached the release of exemption form from you.
He may have filed head of household and not claimed the child? |
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v b
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I feel you didn't provide enough information.
Are you married or not? Do all three of you live together or apart? If apart, was that from before 7/1 or after?
If you are married and living together, but filing separately (MFS), then the "new" (as of 2005) rules state that if you can't agree who claims her, the parent with the higher AGI wins. This gives the greated tax relief to the parent with the highest AGI. You and your husband have to work out how he's going to help you pay back the tax that you now owe.
If you are married, living together and one or both of you filed HOH, you have a real mess on your hands because that's wouldn't be a valid filing status and often means that EIC was erroneously claimed. (Worse, when viewed as fraud, it causes the taxpayer to be barred from EIC for 2 or 10 years.)
If you are not married and lived together, it's back to the AGI rule. HOH would go to the parent who claimed the child, but only if he/she can show they also paid for more than half of the expenses.
If you are not married and didn't live together, then you fall under the special rules for divorced or separated parents. (This includes separating before 7/1.) The parent the child spent the most nights with is the custodial parent. That custodial parent then decides whether or not to allow the non-custodial parent to claim the child by signing form 8332. With form 8332, the custodial parent keeps the eligibility for HOH and EIC. The non-custodial parent attaches the form and gets the exemption and the child tax credit. If the non-custodial parent claims anything without the form, they have severe problems on their hands because they weren't allowed to do this.
The duplicate SSN triggered questions. Unless he's being questioned for other reasons, you will both get letters asking for the person who made the mistake to correct their tax form. if no one amends, then the IRS will ask for more information (the same information if they start out by questioning his return). Once they determine the valid combinations, the IRS would fix the tax return(s). That might be just you, just him or both of them. And once they question 2008, it might open up 2007 and 2006 as well. |
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caraangel
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If you had the legal right to claim your daughter, especially since you claimed her first, they will probably come back on him. As long as you can send them a copy of the papers showing your right, you should not get audited. They usually just send out a notice on that kind of thing anyway. |
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Bob F
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It is not a "new" rule. It has always been that only one person can claim the dependency exemption on any dependent.
If her father included a statement in his return indicating why he feels he is entitled to the daughter's exemption, it will go quicker. But since most people don't do that, first the IRS will ask him why he claimed her. After he answers (if he does), they will ask you by mail why you did. He is allowed 30 days to answer once they ask him. If he doesn't reply, they will recompute his tax return without her exemption and send him his reduced refund or a bill for the balance due if he now owes.
So whether and when the IRS contacts you depends on when and whether he replies to them. |
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Tax Lady
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If your daughter lives with you, you have the right to claim her. If her father filed a return claiming your daughter, the return will be rejected, and the IRS will ask him for an explanation. This is nothing new.
Are you divorced, separated, never married? Is there some situation you're leaving out of your query? Because otherwise, you have nothing to worry about. |
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