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Level 1
posted Dec 14, 2023 10:15:04 PM

2022 return under review will it effect 2023

My partner(we're not legally married)usually claims our children as dependants as he's the one who works&provides for the family,I hadn't worked or filed in a few years since we had another baby I was staying home with the children but last year i had did some side work cleaning homes so i had made income so I claimed the kids as dependants .well that was a terrible idea because not only did I have to verify my identity in office(an appt that took 2months to get) but then after I verified now my return is under review. My question is this year I haven't worked but dad has worked all year so when he files,if he claims the children this year (2023)will it cause an issue because my return is still under review& it'll be the same children?

0 2 657
2 Replies
Level 15
Dec 15, 2023 2:02:24 AM

If your partner who parented or legally adopted your kids lived with you and the children all year, then both of you are custodial parents.  Under the tax laws when both custodial parents can claim a child as a dependent the tie-breaker rule that applies is that the one with the highest adjusted gross income gets to claim them. Thus your return may be under review because you improperly claim your kids.   

Level 15
Dec 15, 2023 7:16:21 AM

Your 2022 tax return being under review will not affect your partner's 2023 tax return. It will not prevent him from claiming the children as dependents.