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Liahou22
New Member

Help

Can I sue my mother for knowingly  falsely claiming me as a dependent 

2 Replies
DoninGA
Level 15

Help

That is not a tax question but a legal question.  We cannot comment on legal questions.

 

If you are not a dependent then you can file your own tax return Not indicating you are a dependent.  

If another tax return has been filed claiming you as a dependent then you cannot e-file your tax return.  You will have to print and mail your tax return.

Within a year the IRS will investigate and the loser of the investigation must pay back any tax refund and pay penalties and interest.

xmasbaby0
Level 15

Help

Sometimes, especially among teenagers or young adults and their parents, there can be a lot of confusion regarding whether a person can be claimed as a dependent or not.   You provide no details about your situation so we do not know if that applies to you.  

 

But there are two types of dependents---qualifying child and qualifying relative.   Do you meet the criteria to be claimed as a qualifying child or qualifying relative?

 

WHO CAN I CLAIM AS A DEPENDENT?

 

You can claim a child, relative, friend, or fiancé (etc.) as a dependent on your 2020 taxes as long as they meet the following requirements:

 

Qualifying child

 

  • They're related to you.
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They're under the age of 19 (or 24 for full-time students).
    • No age limit for permanently and totally disabled children.
  • They lived with you for more than half the year (exceptions apply).
  • They didn't provide more than half of their own support for the year.
  •  

Qualifying relative

 

  • They don't have to be related to you (despite the name).
  • They aren't claimed as a dependent by someone else.
  • They're a U.S. citizen, resident alien, national, or a Canadian or Mexican resident.
  • They aren’t filing a joint return with their spouse.
  • They lived with you the entire year (exceptions apply).
  • They made less than $4,300 in 2020.
  • You provided more than half of their financial support.

When you add someone as a dependent, we'll ask a series of questions to make sure you can claim them. There may be other tax benefits you can get when you claim a dependent.

Related Information:

 

https://ttlc.intuit.com/community/dependents/help/when-do-i-have-to-answer-yes-to-being-claimed-as-a...

 

 

If you do not meet the criteria to be claimed as someone else's dependent, but someone already  used your Social Security number and claimed you on a tax return, then you need to print, sign and mail your own tax return.   You cannot e-file.

 

The IRS will process your mailed return.   Then the IRS will sort it out.  Expect a letter from the IRS in about a year.  If you were claimed incorrectly (or fraudulently) by someone, that person will face repayment of any refund or credits they received from claiming you.

 

 

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

 

Federal and state returns must be in separate envelopes and they are mailed to different addresses.  Read the mailing instructions that print with your tax return carefully so you mail them to the right addresses.

 

 

**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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