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cade.herr
Level 1

Can a tax preparer amend my tax return without my request or knowlege, just to help my parents claim back my child dependents?

My parents claimed me and my children as dependents because a tax preparer told them they had the right because i lived with them more than six months and they paid the rent. They did not provide for
7 Replies
xmasbaby0
Level 15

Can a tax preparer amend my tax return without my request or knowlege, just to help my parents claim back my child dependents?

Did you parents take YOUR tax return to the preparer and have it amended?  

 

Did you meet the criteria to be claimed as a qualifying child or qualifying relative?  You say you lived with your parents but you do not mention what income you had or how old you were at the end of the tax year.

 

 

 

 

WHO CAN I CLAIM AS A DEPENDENT?

 

You can claim a child, relative, friend, fiance (etc.) as a dependent on your 2019 taxes as long as they meet the following requirements:

Qualifying child

• They are related to you.

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or   Mexican resident.

• They are not filing a joint return with their spouse.

• They are under the age of 19 (or 24 for full-time students).

    • No age limit for permanently and totally disabled children

        They live with you for more than half the year (exceptions apply).

Qualifying relative

• They don't have to be related to you (despite the name).

• They cannot be claimed as a dependent by someone else.

• They are a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.

• They are not filing a joint return with their spouse.

They lived with you the entire year.

• They made less than $4300  (not counting Social Security)   (For 2019---$4200)

• You provided more than half of their financial support. More info

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them.

Related Information:

Does a dependent have to live with me?

What does "financially support another person" mean?

Can I claim a newborn baby?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
cade.herr
Level 1

Can a tax preparer amend my tax return without my request or knowlege, just to help my parents claim back my child dependents?

I had a little over 6,000 in income. Had a hard time working a full time job with two little kids to take care of. 2 and 3 years old.  I was receiving over 500 DLLs in food stamps which my mother always demander to keep so she could buy the food she wanted.  Had to ask her if she could bring milk or noodles for my kids. Or buy them myself. Also had to buy my kids snack with the little money extra I had.   She never watched them while I worked so I had to drive  20 miles to leave at their dads, and picked them up. She did not provide anything not even toilet paper or shampoo, neither had anything to do with doctors appointments or school or nothing. Til this day she only cooks for her and my dad and niece which she adopted.  Also she had kicked me and my children out  3 times for not being able to finish house chores or getting home before 11 pm.  She still claims them to this day. She got all the EIP money for dependents that she don't support.

 

My children have received survivor benefits for two year and I pay 1, 000 rent a month plus buy food and everything we need, and she still does not want to give me the stimulus check she got for my dependents.     She probably a copy from my room when she has kicked me out or while I was at work.  I don't want to get her in trouble but since 2013 she demanded to claim them . I had moved out a few months ago but she apologized to me and acts nice but when it comes to talk about that subject. She replies with a later, maybe, will see. Or goes mad bringing back the time she help me get a vehicle as a teenager and stuff like that.

cade.herr
Level 1

Can a tax preparer amend my tax return without my request or knowlege, just to help my parents claim back my child dependents?

I found out because she gave me a copy of the amended return and she said I agreed to it, when I didn't.  I filed my return on the mail because she e file first, and I had to do them myself because I did not have money to pay somebody. I got 2,500 back in 2015 and the year after that she found out when her refund was on hold. She said she would fix it and I would have to pay back or be in trouble with IRS. But I told her that I was sure I had the right.  When she could not fix anything , she asked me to go with her so that the tax preparer could explain and show me why I was wrong. So I went to show her that I was right, and they didn't let me talk . that is the only time I saw the tax preparer.     Also the prepare has my and my children's social security numbers.  

 

Want to also mention that I never received any mail, or nothing related to that. Then we moved to Indiana for two years, and until 6 months ago I received a notice from IRS saying that I owe over $4000 DLLs.

 

 

cade.herr
Level 1

Can a tax preparer amend my tax return without my request or knowlege, just to help my parents claim back my child dependents?

One more thing, I called to find out more about that notice, and they told me that they have sent previous notices, to the address they had 4 years ago and also that they had talked to me on august 2019. Which I never contacted them.  

 

I can't get any transcript or info on my 2014 tax return.  So, is it OK for someone specially a tax preparer to  amend my return, to benefit her client?  Parents did covered most of the cost of maintaining a home. Because they spent money on house upgrades make the house be worth more when they sell them.  That's to qualify for head of household , but nothing to support my children or me. 

xmasbaby0
Level 15

Can a tax preparer amend my tax return without my request or knowlege, just to help my parents claim back my child dependents?

@cade.herr You have a very long, complicated and confusing story that started out with one question and now it has turned into some problems that seem to have begun at least six or seven (or more) years ago.   Your issues with your parents and a tax preparer are far beyond anything we can help with in this forum.  You need to seek competent legal advice, or perhaps help from a Tax Advocate.    Hope you can get it worked out.

 

TAX ADVOCATE

 

At the following IRS website, find the USA map and click on your state, and it will give you the number of your area's IRS Taxpayer Advocate.

http://www.irs.gov/uac/Contact-a-Local-Taxpayer-Advocate

 

Also see this article for more info on how the Taxpayer Advocate Service works::
http://www.irs.gov/taxtopics/tc104.html

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Mike9241
Level 6

Can a tax preparer amend my tax return without my request or knowlege, just to help my parents claim back my child dependents?

I doubt whether a tax advocate will help in a dispute where both parties are claiming different things. this is a question of facts in the case where each side is claiming something different,  it can't hurt to contact an advocate but in the end you may need a tax pro.  warning. since this issue dates back more than 3 years and you did not respond to notices you may be out of luck.  if you owe the IRS can come after you forever, but generally there is a 3-year statute of limitations for claiming a refund. the pro will let you know what they can do for you if anything. 

xmasbaby0
Level 15

Can a tax preparer amend my tax return without my request or knowlege, just to help my parents claim back my child dependents?

@Mike9241 Thanks for responding to this.   I do not know if an Advocate will get involved in something like this either----but I know it is too much for us in this forum.  

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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